Legal Opinion

Cochran v. Cochran

Court of Appeals of North Carolina

Decided May 2, 1989No. 8826DC729PublishedCited by 9 opinions

1Opinion of the Court

EAGLES, Judge.

As a general rule, an order compelling discovery is not immediately appealable because it is interlocutory and does not affect a substantial right which would be lost if the ruling is not reviewed before final judgment. Dunlap v. Dunlap, 81 N.C. App. 675, 676, 344 S.E. 2d 806, 807, disc. rev. denied, 318 N.C. 505, 349 S.E. 2d 859 (1986). However, our courts have held where a party is found in contempt for noncompliance with a discovery order or has been assessed with certain other sanctions, the order is immediately appealable since it affects a substantial right under G.S.…

2Cases cited5 opinions

  1. Willis v. Duke Power Co.Supreme Court of North Carolina · 1976
  2. Pennwalt Corporation v. Durand-Wayland, Inc., Sunkist Growers, Inc., Non-PartyCourt of Appeals for the Ninth Circuit · 1983
  3. Adair v. AdairCourt of Appeals of North Carolina · 1983
  4. Dunlap v. DunlapCourt of Appeals of North Carolina · 1986
  5. Industrotech Constructors, Inc. v. Duke UniversityCourt of Appeals of North Carolina · 1984

3Cited by9 opinions

  1. Bowman v. Alan Vester Ford Lincoln MercuryCourt of Appeals of North Carolina · 2002
  2. Long v. JoynerCourt of Appeals of North Carolina · 2002
  3. Wilson v. WilsonCourt of Appeals of North Carolina · 1996
  4. Keesee v. HamiltonCourt of Appeals of North Carolina · 2014
  5. First Mount Vernon Industrial Loan Ass'n v. Prodev XXII, LLCCourt of Appeals of North Carolina · 2011

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