Romig v. Jefferson-Pilot Life Insurance

Judge Greene

dissenting.

I agree that the order appealed by defendant is interlocutory. I do not agree, however, that the order fails to affect a substantial right that will be irreparably harmed if the interlocutory appeal is denied.

“[Discovery matters are interlocutory and ordinarily are not appealable.” Gibbons v. CIT Group/Sales Financing, 101 N.C. App. 502, 505, 400 S.E.2d 104, 106, disc. review denied, 329 N.C. 496, 407 S.E.2d 856 (1991) (emphasis added). I believe this case presents an exception to the general rule that discovery matters are not immediately appealable. In this case, the…