KNC Techs. v. Tutton, 277A21

Docket Nº277A21
Citation2022 NCSC 73
Case DateJune 17, 2022
CourtUnited States State Supreme Court of North Carolina

2022-NCSC-73

KNC TECHNOLOGIES, LLC
v.

ERIC TUTTON and i-TECH SECURITY AND NETWORK SOLUTIONS, LLC

No. 277A21

Supreme Court of North Carolina

June 17, 2022


Heard in the Supreme Court on 9 May 2022.

Appeal pursuant to N.C. G.S. § 7A-27(a)(3) from an order and opinion on plaintiff's motion for partial summary judgment and defendants' motion for summary judgment entered on 8 April 2021 by Judge Gregory P. McGuire, Special Superior Court Judge for Complex Business Cases, in Superior Court, Davidson County, after the case was designated a mandatory complex business case by the Chief Justice pursuant to N.C. G.S. § 7A-45.4(a).

Matthew W. Georgitis, Alexander L. Turner, and R. Matthew Van Sickle for plaintiff-appellant.

D. Stuart Punger Jr. for defendant-appellees.

BARRINGER, JUSTICE

¶ 1 In this matter, the appellant KNC Technologies, LLC noted an appeal as of right of an interlocutory order but has failed to show that the order affects a substantial right or otherwise satisfies the requirements for an appeal as of right to this Court from an interlocutory order of a business court judge. See N.C. G.S. § 7A-27(a)(3) (2021). Accordingly, we dismiss the appeal.

1

¶ 2 Pursuant to N.C. G.S. § 7A-27(a)(3), an appeal of right lies to this Court from an interlocutory order of a business court judge only if it "[a]ffects a substantial right," "[i]n effect determines the action and prevents a judgment from which an appeal might be taken," "[d]iscontinues the action," or "[g]rants or refuses a new trial." N.C. G.S. § 7A-27(a)(3). "It is the appellant's burden to present appropriate grounds for . . . acceptance of an interlocutory appeal, . . . and not the duty of this Court to construct arguments for or find support for appellant's right to appeal[.]" Hanesbrands Inc. v. Fowler, 369 N.C. 216, 218 (2016) (alterations in original) (quoting Johnson v. Lucas, 168 N.C.App. 515, 518, aff'd per curiam, 360 N.C. 53 (2005)). Additionally, "the North Carolina Rules of Appellate Procedure require that the appellant's brief contain a 'statement of the grounds for appellate review,' which must allege 'sufficient facts and argument to support appellate review on the ground that the challenged order affects a substantial right.'" Id. at 219 (quoting N.C. R. App. P. 28(b)(4)).

¶ 3 The appellant must present more than a bare assertion that the order affects a substantial right, in effect determines the action and prevents a judgment from which an...

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