Davie County Dept. of Social Services on Behalf of Brown v. Jones
| Decision Date | 03 May 1983 |
| Docket Number | No. 8222DC561,8222DC561 |
| Court | North Carolina Court of Appeals |
| Parties | DAVIE COUNTY DEPARTMENT OF SOCIAL SERVICES on Behalf of Elaine C. BROWN v. Henry Lee JONES and Linwood Gray Brown. |
Brock & McClamrock by Grady L. McClamrock, Jr., Mocksville, for plaintiff-appellee.
Davis & Corriher by Thomas M. King, Salisbury, for defendant-appellant.
This is an action seeking support of a minor child. Paternity is at issue. The court entered an order directing defendant to submit to a blood grouping and comparison test pursuant to G.S. 8-50.1, and defendant gave notice of appeal from that order.
An order to submit to a blood grouping test pursuant to G.S. 8-50.1 is interlocutory. No appeal lies from an interlocutory order that does not affect a substantial right. An order to submit to a blood grouping test does not, in this case, affect a substantial right. We are, therefore, required to dismiss the appeal. Love v. Moore, 305 N.C. 575, 291 S.E.2d 141 (1982); Bailey v. Gooding, 301 N.C. 205, 270 S.E.2d 431 (1980).
Appeal dismissed.
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Heavner v. Heavner, 8427DC501
...test is an interlocutory order and is not appealable as it does not affect a substantial right. Davie County Department of Social Services v. Jones, 62 N.C.App. 142, 301 S.E.2d 926 (1983). We elect, however, to treat this appeal as a petition for certiorari, allow it, and pass upon the meri......
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