Asad v. Asad

Court of Appeals of North Carolina

Asad v. Asad

323 S.E.2d 447, 71 N.C. App. 807, 1984 N.C. App. LEXIS 3986

CourtCourt of Appeals of North Carolina

DecidedDecember 18, 1984

DocketNo. 8410DC285

StatusPublished

This text of 323 S.E.2d 447 (Asad v. Asad) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Asad v. Asad, 323 S.E.2d 447, 71 N.C. App. 807, 1984 N.C. App. LEXIS 3986 (N.C. Ct. App. 1984).

Pincite

Opinion

WEBB, Judge.

Neither party has raised the question of the appealability of the order. When a party has no right to an appeal this Court on its own motion should dismiss the appeal. Metcalf v. Palmer, 46 N.C. App. 622, 265 S.E. 2d 484 (1980). The order by Judge Creech does not dispose of the case. Further action will be required to determine the entire controversy which makes Judge Creech’s order interlocutory. We do not believe this order affects a substantial right of the plaintiff so that any injury to her may not [808]*808be corrected if she is not allowed to appeal before there is a final judgment. See Industries v. Insurance Co., 296 N.C. 486, 251 S.E. 2d 443 (1979).

The plaintiff contends the paternity issue is res judicata and any further litigation as to it is barred. If she is correct the most the plaintiff will suffer is a trial on that issue. We have held that the requirement that a party go through a trial is not an injury which cannot be corrected if an appeal is not allowed before a final judgment. State v. Jones, 67 N.C. App. 413, 313 S.E. 2d 264 (1984).

For the reasons stated in this opinion we dismiss the appeal.

Appeal dismissed.

Judges Hedrick and Hill concur.

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WEBB, Judge.

Neither party has raised the question of the appealability of the order. When a party has no right to an appeal this Court on its own motion should dismiss the appeal. Metcalf v. Palmer, 46 N.C. App. 622, 265 S.E. 2d 484 (1980). The order by Judge Creech does not dispose of the case. Further action will be required to determine the entire controversy which makes Judge Creech’s order interlocutory. We do not believe this order affects a substantial right of the plaintiff so that any injury to her may not [808]*808be corrected if she is not allowed to appeal before there is a final judgment. See Industries v. Insurance Co., 296 N.C. 486, 251 S.E. 2d 443 (1979).

The plaintiff contends the paternity issue is res judicata and any further litigation as to it is barred. If she is correct the most the plaintiff will suffer is a trial on that issue. We have held that the requirement that a party go through a trial is not an injury which cannot be corrected if an appeal is not allowed before a final judgment. State v. Jones, 67 N.C. App. 413, 313 S.E. 2d 264 (1984).

For the reasons stated in this opinion we dismiss the appeal.

Appeal dismissed.

Judges Hedrick and Hill concur.

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Bluebook (online)

323 S.E.2d 447, 71 N.C. App. 807, 1984 N.C. App. LEXIS 3986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/asad-v-asad-ncctapp-1984.

Opinion

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