Dickerson, Inc. v. Board of Transportation

MARTIN, Judge.

Much argument has been directed toward the trial court’s denial of plaintiff’s motion for summary judgment. This Court has held that ordinarily the denial of a motion for summary judgment does not affect a substantial right so that an appeal may be taken. Stonestreet v. Motors, Inc., 18 N.C. App. 527, 197 S.E. 2d 579 (1973) ; Motyka v. Nappier, 9 N.C. App. 579, 176 S.E. 2d 858 (1970). We will not consider the trial court’s failure to grant summary judgment in plaintiff’s favor.

The sole question for determination is whether the trial court erred in granting summary judgment for…