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PERRY v. CULLIPHER

No. 836SC395.

318 S.E.2d 354 (1984)

Virgin PERRY, Individually and on Behalf of Those Similarly Situate v. Charlie CULLIPHER, Individually; Douglas Burnette, Individually; Charlie Spruill, Individually, Earl Spruill, Individually, and d/b/a Pungo Drainage Co.; and Sawyer's Land Developing, Inc.

Court of Appeals of North Carolina.

August 7, 1984.

Attorney(s) appearing for the Case

Law Firm of Carter W. Jones, by Carter W. Jones, Charles A. Moore, and Kevin M. Leahy, Ahoskie, for plaintiff appellant.

Baker, Jenkins & Jones, by Ronald G. Baker, Robert C. Jenkins and W. Hugh Jones, Jr.; Ahoskie, and Gillam, Gillam & Smith, by Lloyd C. Smith, Jr., Windsor, for defendant appellee Charlie Cullipher.

Pritchett, Cooke & Burch, by William W. Pritchett, Jr., Windsor, for defendant appellees Charlie Spruill, Earl Spruill and Pungo Drainage Co.

Leroy, Wells Shaw, Hornthal & Riley, by L.P. Hornthal, Jr., Elizabeth City, for defendant appellees Douglas Burnette and Sawyer's Land Developing, Inc.

WEBB, Judge.

The first question posed by this appeal is whether it should be dismissed as premature. The order holding that the action is not a class action does not determine the controversy and is interlocutory. The plaintiff argues that he is entitled to appeal under the substantial right exception of G.S. 1-277 and G.S. 7A-27(d)(1). An interlocutory order is appealable if it affects a substantial right and will work...

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