Schuch v. Hoke

WHICHARD, Judge.

Neither party has argued the threshold question of whether an appeal lies from the order. However, “[i]t is well established in this jurisdiction that if an appealing party has no right of appeal, an appellate court on its own motion should dismiss the appeal even though the question of appealability has not been raised by the parties themselves.” Bailey v. Gooding, 301 N.C. 205, 208, 270 S.E. 2d 431, 433 (1980). On the authority of Industries, Inc. v. Insurance Co., 296 N.C. 486, 251 S.E. 2d 443 (1979), we dismiss this appeal as premature.

In Industries, Inc. our Supreme Court…