Dixon v. Dixon

WELLS, Judge.

For defendant to have a right of appeal from a mandatory preliminary injunction, “substantial rights” of the appellant must be adversely affected. G.S. 1-277 and G.S. 7A-27. Otherwise, an appeal from such an interlocutory order is subject to being dis missed. State v. Fayetteville Street Christian School, 299 N.C. 351, 261 S.E. 2d 908, appeal dismissed, 449 U.S. 807, 101 S.Ct. 55, 66 L.Ed. 2d 11 (1980); Smart v. Smart, 59 N.C. App. 533, 297 S.E. 2d 135 (1982). Generally, a right is “substantial” only if it would be lost if the ruling or order is not reviewed before final…