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Tag Archives: Interlocutory Appeal

Municipal – Sovereign Immunity – Insurance Policy Exclusion – Sheriff’s Deputy – Record on Appeal – Interlocutory Appeal (access required)

Smith v. Heath. (Lawyers Weekly No. 10-07-1165, 6 pp.) (Sanford A. Steelman Jr., J.) Appealed from Pitt County Superior Court. (Clifton W. Everett Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: Because an insurance ...

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Tort/Negligence – Sovereign Immunity – Insurance – Interlocutory Appeal – Bond – Negligence – Negligent Infliction of Emotional Distress (access required)

Johnson v. Causey. Because a sheriff's deputy was acting outside the scope of his employment when he allegedly sexually assaulted an inmate, he was not a "covered person" under the county's liability insurance policy such that sovereign immunity had been waived to the extent of the policy. Summary judgment in favor of the sheriff was proper where the plaintiff failed to forecast evidence sufficient to sustain a claim of negligence. The county was not liable for the actions of the deputy because G.S. § 153A-103(1) vests the exclusive right to hire, discharge and supervise deputies with the sheriff.

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Civil Practice – Interlocutory Appeal – Substantial Right – Contract – Lis Pendens – Constructive Trust – Dismissal (access required)

Superior Construction Corp. v. Intracoastal Living, LLC. (Lawyers Weekly No. 10-16-1067, 9 pp.) (Martha A. Geer, J.) Appealed from Brunswick County Superior Court (John R. Jolly Jr., J.) N.C. App. Unpub. Click here for the full text of the opinion. ...

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Arbitration – Waiver – Motion to Compel – Interlocutory Appeal – Substantial Right (access required)

Rodrigues v. Southern Assisted Living, Inc. By making use of judicial discovery procedures, the defendants waived their right to compel arbitration; therefore, the trial court did not err when it denied their motion to stay proceedings and compel arbitration.

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Civil Practice – Interlocutory Appeal – Substantial Right – Pro Hac Vice (access required)

Dance v. Manning. The denial of a motion for admission of an out-of-state attorney to practice pro hac vice does not involve a substantial right and is not appealable as a matter of right. Because the plaintiff's interlocutory appeal does not affect a substantial right, we grant defendant's motion and dismiss plaintiff's appeal.

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Civil Practice – Appeals – Interlocutory – Attorney’s Fees – Dollar Figure Not Set (access required)

Triad Women's Center, P.A. v. Rogers. A defendant's appeal of an attorney's fee award was interlocutory where the appeal came after the trial court awarded the fees but before it set an actual dollar amount. Because the law in this area has been unclear, the court takes this opportunity to specifically hold that an appeal from an award of attorney's fees may not be brought until the trial court has finally determined the amount to be awarded.

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