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Russell v. State Farm Insurance Co.3/7/2000
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Accordingly, the trial court's order compelling arbitration and denying defendant's motion for summary judgment "did not constitute a `final' judgment and is . . . not appealable pursuant to Rule 54(b)." Id.
As the first avenue of appeal of an interlocutory order was foreclosed, defendant likewise
did not . . . have a right to appeal the order in this case unless the order affected a substantial right that would work injury to [defendant] if not corrected before appeal from final judgment. Jeffreys, 115 N.C. App. at 379, 444 S.E.2d at 253-54; see also First Atl., 131 N.C. App. at 247, 507 S.E.2d at 60 (denial of motion for summary judgment not appealable unless substantial right prejudiced); N.C. Electric Membership Corp. v. Duke Power Co., 95 N.C. App. 123, 127, 381 S.E.2d 896, 899 (order compelling arbitration not appealable unless substantial right affected), disc. review denied, 325 N.C. 709, 388 S.E.2d 461 (1989).
Defendant herein has
presented neither argument nor citation to show this Court that had the right to appeal the [trial court's] order . . . . It is not the duty of this Court to construct arguments for or find support for appellant's right to appeal from an interlocutory order; instead, the appellant has the burden of showing this Court that the order deprives the appellant of a substantial right. . . . Jeffreys, 115 N.C. App. at 380, 444 S.E.2d at 254.
Based on the precedent cited above, therefore, defendant's appeal must be dismissed.
Appeal dismissed.
Judges MCGEE and HUNTER concur.
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