Legal Opinion · Dissent

Harris v. Matthews

Supreme Court of North Carolina

Decided May 4, 2007No. 479PA05-2Published

1DissentJustice Hudson

Because I believe that the Court of Appeals correctly dismissed this case as interlocutory, I respectfully dissent.

Defendant does not dispute that there was no final judgment in this case and that his appeal is thus interlocutory. However, “N.C.G.S. § 1-277 and N.C.G.S. § 7A-27(d) allow an appeal to be taken from an interlocutory order which affects a substantial right although the appeal may be interlocutory.” DKH Corp. v. Rankin-Patterson Oil *280Co., 348 N.C. 583, 585, 500 S.E.2d 666, 668 (1998). Defendant contends, and the majority agrees, that adjudication of this matter would require a…

2Cases cited12 opinions

  1. Presbyterian Church in US v. Mary Elizabeth Blue Hull Memorial Presbyterian ChurchSupreme Court of the United States · 1969
  2. Sutton v. DukeSupreme Court of North Carolina · 1970
  3. Dalton v. CampSupreme Court of North Carolina · 2001
  4. Dickens v. PuryearSupreme Court of North Carolina · 1981
  5. Abyssinia Missionary Baptist Church v. NixonSupreme Court of Alabama · 1976

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