(DOWNLOAD) "North Carolina v. Puckett" by Court of Appeals of North Carolina " Book PDF Kindle ePub Free
eBook details
- Title: North Carolina v. Puckett
- Author : Court of Appeals of North Carolina
- Release Date : January 21, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
[1] At the outset, we note that "G.S. 1-277, in effect, provides that no appeal lies to an appellate court from an interlocutory order or ruling of the trial judge unless such ruling or order deprives the appellant of a substantial right which he would lose if the ruling or order is not reviewed before final judgment." Pruitt v. Williams, 288 N.C. 368, 371, 218 S.E.2d 348, 350 (1975). "Generally, the denial of summary judgment does not affect a substantial right and is not appealable." Corum v. University of North Carolina, 97 N.C. App. 527, 531, 389 S.E.2d 596, 598, temporary stay allowed, 326 N.C. 595, 394 S.E.2d 453, disc. rev. and writ of supersedeas allowed, motion to dismiss denied, 327 N.C. 137, 394 S.E.2d 170 (1990). However, the denial of a motion for summary judgment "on the grounds of sovereign and qualified immunity is immediately appealable." Id. at 532, 389 S.E.2d at 599; see also Mitchell v. Forsyth, 472 U.S. 511, 105 S. Ct. 2806, 86 L. Ed. 2d. 411 (1985). "In Mitchell, the Supreme Court held that denial of a substantial claim of absolute immunity is an order appealable before final judgment, for the essence of absolute immunity is its possessors entitlement not to have to answer for his conduct in a civil damages action." Id. quoting Mitchell, 472 U.S. at 525, 105 S. Ct. at 2815, 86 L. Ed. 2d. at 424.