Legal Opinion

Kirkman v. Wilson

Court of Appeals of North Carolina

Decided August 4, 1987No. 873SC10PublishedCited by 2 opinions

1Opinion of the Court

PHILLIPS, Judge.

This appeal is not authorized and we dismiss it. It is from an interlocutory order denying a motion to dismiss plaintiffs’ action and a substantial right is not affected. Oestreicher v. American National Stores, Inc., 290 N.C. 118, 225 S.E. 2d 797 (1976). That the trial judge amended the order to state that it is a “final Judgment” did not change its nature, Tridyn Industries, Inc. v. American Mutual Insurance Co., 296 N.C. 486, 251 S.E. 2d 443 (1979), and make appealable what is clearly not appealable under the provisions of G.S. 1-277 and G.S. 7A-27. Fraser v. DiSanti, 75…

2Cases cited3 opinions

  1. Oestreicher v. American National Stores, Inc.Supreme Court of North Carolina · 1976
  2. Tridyn Industries, Inc. v. American Mutual InsuranceSupreme Court of North Carolina · 1979
  3. Fraser v. Di SantiCourt of Appeals of North Carolina · 1985

3Cited by2 opinions

  1. Anderson v. Atlantic Casualty InsuranceCourt of Appeals of North Carolina · 1999
  2. Howze v. HughesCourt of Appeals of North Carolina · 1999

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