Casey v. Grice

MORRIS, Chief Judge.1

Although plaintiff and defendant raised no question of ap-pealability, we believe the order appealed from is interlocutory and non-appealable. G.S. l-277(a) provides in pertinent part:

An appeal may be taken from every judicial order or determination of a judge of a superior or district court, upon or involving a matter of law or legal inference, whether made in or out of session, which affects a substantial right claimed in any action or proceeding; . . .

However, “it has been held that orders denying or allowing discovery are not appealable since they are interlocutory…