Legal Opinion

Waters v. Qualified Personnel, Inc.

Supreme Court of North Carolina

Decided January 24, 1978No. 40 and 73PublishedCited by 219 opinions

1Opinion of the Court

EXUM, Justice.

The threshold question in Case No. 40, although not argued by either party, is whether an appeal lies from Judge Long’s order. If an appealing party has no right of appeal, an appellate court on its own motion should dismiss the appeal 1 even though the question of appealability has not been raised by the parties themselves. Dickey v. Herbin, 250 N.C. 321, 108 S.E. 2d 632 (1959); Rogers v. Brantley, 244 N.C. 744, 94 S.E. 2d 896 (1956); Morse v. Curtis, 6 N.C. App. 620, 170 S.E. 2d 491 (1969). Concluding that Judge Long’s order is not appealable, we hold that the Court of Appeals…

2Cases cited18 opinions

  1. Newton v. Standard Fire InsuranceSupreme Court of North Carolina · 1976
  2. Oestreicher v. American National Stores, Inc.Supreme Court of North Carolina · 1976
  3. North Carolina Consumers Power, Inc. v. Duke Power Co.Supreme Court of North Carolina · 1974
  4. Greene v. Charlotte Chemical Laboratories, Inc.Supreme Court of North Carolina · 1961
  5. City of Raleigh v. EdwardsSupreme Court of North Carolina · 1951

13 more not listed; retrieve them via the Exa API.

3Cited by219 opinions

  1. Bernick v. JurdenSupreme Court of North Carolina · 1982
  2. Lamb v. Wedgewood South Corp.Supreme Court of North Carolina · 1983
  3. Sharpe v. WorlandSupreme Court of North Carolina · 1999
  4. A.E.P. Industries, Inc. v. McClureSupreme Court of North Carolina · 1983
  5. Green Ex Rel. Downs v. Duke Power Co.Supreme Court of North Carolina · 1982

214 more not listed; retrieve them via the Exa API.

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