Adair v. Adair

BRASWELL, Judge.

The initial question which we must consider, although not addressed by either party in their briefs, is whether an appeal lies from the default judgment dismissing defendant’s answer and counterclaim. If defendant has no right to appeal, we must dismiss the appeal on our own motion. Love v. Moore, 305 N.C. 575, 291 S.E. 2d 141, reh. denied, 306 N.C. 393 (1982).

The default judgment clearly determines fewer than all of the claims involved since it does not dispose of the underlying claim for an absolute divorce. An interlocutory order is appealable if it affects some substantial…