North Carolina Consumers Power, Inc. v. Duke Power Co.

BRANCH, Justice.

At the threshold of this appeal we are confronted with the question of whether an appeal lies from the trial judge’s refusal to dismiss the action.

G.S. 1-277 in effect provides that no appeal lies to an appellate court from an interlocutory order or ruling of the trial judge unless such ruling or order deprives the appellant of a substantial right which he would lose if the ruling or order is not reviewed before final judgment. Raleigh v. Edwards, 234 N.C. 528, 67 S.E. 2d 669; Veazey v. Durham, 231 N.C. 357, 57 S.E. 2d 377.

Many decisions of this Court hold that refusal of a…