Green Ex Rel. Downs v. Duke Power Co.

BRANCH, Chief Justice.

I

The first issue before this Court is whether the Court of Appeals erred in dismissing appellant Duke Power’s appeal of the summary judgment granted in favor of third party defendants Eanes and Housing Authority. For the reasons stated below, we find no error.

Appellant’s sole ground of appeal is the contention that the granting of third party defendants’ motions for summary judgment affected a substantial right. Both G.S. 1-277 and G.S. 7A-27 (d) provide for immediate appeal of a judicial order or determination that affects a substantial right. Duke insists that it had a…