Bennish v. North Carolina Dance Theater, Inc.

EAGLES, Judge.

This is an interlocutory appeal arising from the denial of defendant’s motion to stay the proceedings and compel arbitration. Initially, we note that a trial court’s “order denying arbitration, although interlocutory, is immediately appealable because it involves a substantial right which might be lost if appeal is delayed.” Prime South Homes v. Byrd, 102 N.C. App. 255, 258, 401 S.E.2d 822, 825 (1991) (citing Sims v. Ritter Constr., Inc., 62 N.C. App. 52, 302 S.E.2d 293 (1983)); G.S. §§ l-277(a) (1983), 7A-27(d)(l) (1989). Defendant contends that the contract containing the…