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Myers v. Mutton12/31/2002
al determination of the rights of the parties." N.C.G.S. § 1A-1, Rule 54 (2001). "Interlocutory orders are those made during the pendency of an action which do not dispose of the case, but instead leave it for further action by the trial court in order to settle and determine the entire controversy." Carriker v. Carriker, 350 N.C. 71, 73, 511 S.E.2d 2, 4 (1999) (citations omitted). The order for sanctions entered in the case sub judice is interlocutory because it did not finally dispose of the case, which has not yet come to trial. Yang, 142 N.C. App. 328, 542 S.E.2d 666.
Although there is generally no right to appeal an interlocutory order, it is immediately appealable if (1) the order is final as to some claims or parties, and the trial court certifies pursuant to N.C.G.S. § 1A-1, Rule 54(b) that there is no just reason to delay the appeal, or (2) the order deprives the appellant of a substantial right that would be lost unless immediately reviewed. Turner v. Norfolk S. Corp., 137 N.C. App. 138, 526 S.E.2d 666 (2000). "Under either of these two circumstances, it is the appellant's burden to present appropriate grounds for this Court's acceptance of an interlocutory appeal[.]" Jeffreys v. Raleigh Oaks Joint Venture, 115 N.C. App. 377, 379, 444 S.E.2d 252, 253 (1994). Moreover, under N.C.R. App. P. 28(b)(4), an appellant's brief must contain "a statement of the grounds for appellate review" and if the appeal is interlocutory, this statement "must contain sufficient facts and argument to support appellate review on the ground that the challenged order affects a substantial right."
In the present case, the trial court did not certify the order for sanctions under Rule 54(b), nor do we conclude that a substantial right will be lost if the order is not immediately appealed. A `substantial right' is "a legal right affecting or involving a matter of substance as distinguished from matters of form: a right materially affecting those interests which a [person] is entitled to have preserved and protected by law: a material right." Sharpe v. Worland, 351 N.C. 159, 162, 522 S.E.2d 577, 579 (1999) (quoting Oestreicher v. American Nat'l Stores, 290 N.C. 118, 121-222, 225 S.E.2d 797, 800 (1976)). "Generally, appellate courts do not review discovery orders because of their interlocutory nature." Stevenson v. Joyner, 148 N.C. App. 261, 263, 558 S.E.2d 215, 217 (2002).
We hold that no substantial right of plaintiff's would be jeopardized by postponing appeal of the discovery order until after trial. Accordingly, plaintiff's appeal must be dismissed.
Dismissed.
Judges GREENE and WYNN concur.
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