Travco Hotels, Inc. v. PIEDMONT NATURAL GAS CO., INC.

Judge PHILLIPS

concurring in part and dissenting in part.

The majority opinion is based upon mistaken premises and I dissent from it, while agreeing that the order denying defendant’s motion to dismiss plaintiff’s claim for punitive damages does not affect a substantial right and is not immediately appealable.

The dispositive issue is not whether the appeals are interlocutory — both manifestly are, since neither order finally determines any aspect of the case; there is no two-part test for determining whether an appeal or order is interlocutory; some of the discussion of these mistaken issues…