Smith v. Phillips

McCRODDEN, Judge.

At the outset we note that appeals from denial of motions for summary judgment, such as the instant one, are interlocutory and typically not allowed because they do not affect a substantial right of the parties. Waters v. Personnel, Inc., 294 N.C. 200, 208, 240 S.E.2d 338, 343 (1978). However, when the motion is made on the grounds of sovereign and qualified immunity, such a denial is immediately appeal-able, because to force a defendant to proceed with a trial from which he should be immune would vitiate the doctrine of sovereign immunity. Corum v. University of North…