Atkins v. Beasley

MARTIN (Robert M.), Judge.

The threshold question which we must consider, although not argued by the parties in their briefs, is whether an appeal lies from Judge McConnell’s entry of partial summary judgment in plaintiffs’ favor. If this is a fragmentary, and therefore premature, appeal, we must dismiss the appeal ex mero motu. Bailey v. Gooding, 301 N.C. 205, 270 S.E. 2d 431 (1980).

A party has a right to appeal a judgment of a trial court under N.C. Gen. Stat. §§ 1-277 and 7A-27 if the judgment is (1) a final order, or (2) an interlocutory order affecting some substantial right claimed by…