First Union Nat. Bank v. Olive
| Decision Date | 07 August 1979 |
| Docket Number | No. 7826DC819,7826DC819 |
| Citation | 42 N.C.App. 574,257 S.E.2d 100 |
| Court | North Carolina Court of Appeals |
| Parties | FIRST UNION NATIONAL BANK, v. Ross M. OLIVE and Nancy M. Olive. |
Clontz & Morton by Ralph C. Clontz, III, Charlotte, for plaintiff-appellee.
Holleman & Stam by Paul B. Stam, Jr., Apex, for defendants-appellants.
Defendants are appealing from an order of the district court sustaining objections to, and granting a motion to strike, certain interrogatories directed to the plaintiff concerning a so-called "Dealer Reserve Account". In the same order, the court denied defendants' motion to compel answers to those interrogatories. Defendants also appeal from the denial of their motion to permit them to respond to plaintiff's request for admissions. Defendants, therefore, are seeking to appeal from an order which is interlocutory in nature. However, it is well established in this State that no appeal lies from an interlocutory order or ruling unless such ruling deprives the appellant of a substantial right which would be lost if the ruling were not reviewed before final judgment. G.S. 1-277, G.S. 7A-27. Funderburk v. Justice, 25 N.C.App. 655, 214 S.E.2d 310 (1975) (). Defendants' appeal is fragmentary and premature. Pack v. Jarvis, 40 N.C.App. 769, 253 S.E.2d 496 (1979). The posture in which the issues are presented render this Court's determination of the prejudicial effect of alleged errors purely conjectural. The case of Transportation, Inc. v. Strick Corp., 291 N.C. 618, 231 S.E.2d...
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Shelton v. Morehead Memorial Hosp., 563PA85
...do not affect a substantial right of the plaintiffs, and are not appealable of right. N.C.G.S. § 7A-27; First Union Nat'l Bank v. Olive, 42 N.C.App. 574, 257 S.E.2d 100 (1979). Nevertheless, because of the significance of the legal issues involved, we have elected under our supervisory powe......
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Dworsky v. Travelers Ins. Co.
...not affect a substantial right which would be lost if the ruling were not reviewed before final judgment. First Union National Bank v. Olive, 42 N.C.App. 574, 257 S.E.2d 100 (1979). If, however, the desired discovery would not have delayed trial or have caused the opposing party any unreaso......
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Williamson v. Vann, 784SC849
... ... First, counsel merely was attempting to elicit a response from ... ...
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C. Wayne McDonald Contractor, Inc. v. Gendelman, No. COA06-1352 (N.C. App. 7/3/2007)
...dispose of the case, is an interlocutory order from which there is ordinarily no right of appeal.'"); see also Bank v. Olive, 42 N.C. App. 574, 576, 257 S.E.2d 100, 101 (1979) (dismissing, as interlocutory and not affecting a substantial right, an appeal from various discovery orders, inclu......