King v. Orr (Lawyers Weekly No. 14-16-0484, 19 pp.) (Martha Geer, J.) Appealed from Pender County Superior Court (Phyllis Gorham, J.) N.C. App. Unpub. Holding: Even though the doctrines of res judicata and collateral estoppel may affect a substantial right ...

Tagged with: Substantial Right

Skanska USA Building, Inc. v. Blythe Development Co. A third-party defendant cannot immediately appeal the amendment of a summons and complaint that allegedly added it as a new party.

Tagged with: Substantial Right

B&K Coastal, LLC v. Triangle Grading & Paving, Inc. (Lawyers Weekly No. 11-16-0433, 14 pp.) (Linda M. McGee, J.) Appealed from New Hanover County Superior Court. (W. Allen Cobb Jr., J.) N.C. App. Unpub. Click here for the full text ...

Tagged with: Civil Practice Interlocutory Appeal New Hanover County Substantial Right

Honeycutt v. Honeycutt. Even though the plaintiff-wife claims the parties' separation agreement is unfair and was unfairly pushed upon her by the defendant-husband, since the wife accepted and retains benefits under the separation agreement, she has ratified the agreement and cannot have it rescinded. We affirm the trial court's grant of partial summary judgment for the husband as to the wife's rescission claim.

Tagged with: appeals Benefits Domestic Relations interlocutory Mecklenburg County Ratification Separation Agreement Substantial Right

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. ...

Tagged with: Brunswick County Civil Practice Constructive Trust Contract Dismissal Interlocutory Appeal lis pendens Substantial Right

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.

Tagged with: Arbitration Interlocutory Appeal motion to compel Substantial Right Union County waiver

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.

Tagged with: Civil Practice Interlocutory Appeal Pitt County Pro Hac Vice Substantial Right

Rodrigues v. Southern Assisted Living, Inc. (Lawyers Weekly No. 10-16-0970, 9 pp.) (Robert N. Hunter Jr., J.) Appealed from Union County Superior Court (W. Erwin Spainhour, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: ...

Tagged with: Arbitration Interlocutory Appeal motion to compel Substantial Right Union County