Stephenson v. Stephenson

ARNOLD, Judge.

An order awarding payments and attorney fees pendente lite is an interlocutory decree. Previously, however, this Court has held that such orders affect a substantial right, and we have allowed immediate appellate review under G.S. 1-277 and G.S. 7A-27(d). Peeler v. Peeler, 7 N.C. App. 456, 459, 172 S.E. 2d 915, 917 (1970).

It is significant that when Peeler was decided, along with Kearns v. Kearns, 6 N.C. App. 319, 170 S.E. 2d 132 (1969), and other seminal decisions establishing the direct appeal of pendente lite awards as a matter of right, the situation was different with both…