Stone v. Martin

WHICHARD, Judge.

Defendant Martin asserts that plaintiffs’ appeal should not be heard at this time because it is interlocutory and does not affect a substantial right. While the argument is not properly raised as a cross-assignment of error pursuant to N.C. R. App. P. 10(d), we choose to address it.

This Court has authority to issue a writ of certiorari to review a trial court order “when no right of appeal from an interlocutory order exists.” N.C. R. App. P. 21(a)(1). That authority was exercised by another panel of this Court with respect to the matters presented. Its grant of certiorari is…