State ex rel. Leonard v. Huskey

WELLS, Judge.

Before turning to the merits of this appeal, we first consider whether petitioner’s appeal should be dismissed as interlocutory.

“Ordinarily, an appeal from an interlocutory order will be dismissed as fragmentary and premature unless the order affects some substantial right and will work injury to appellant if not corrected before appeal from final judgment.” (Citations omitted.) Stanback v. Stanback, 287 N.C. 448, 215 S.E. 2d 30 (1975). An appeal from a pretrial discovery order is clearly interlocutory and therefore must be dismissed unless it affects some substantial right of…