Parker Oil Co. v. Smith

ARNOLD, Judge.

Appellant contends that the trial court erred in denying its motion for summary judgment against defendant Smith. However, that question is not before us. A motion for summary judgment is simply a pretrial motion. Denial of a motion for summary judg ment does not determine the merits of the case. It merely means that the case proceeds to trial. Annot. 15 A.L.R. 3d 899 (1967).

Denial of a motion for summary judgment ordinarily does not affect a substantial right so that appeal may be taken from the interlocutory order. See, e.g. Stonestreet v. Motors, Inc., 18 N.C. App. 527, 197…