Schmitt v. Schmitt

Court of Appeals of North Carolina

Schmitt v. Schmitt

301 S.E.2d 741, 61 N.C. App. 750, 1983 N.C. App. LEXIS 2729

CourtCourt of Appeals of North Carolina

DecidedApril 19, 1983

DocketNo. 8221DC198

StatusPublished

This text of 301 S.E.2d 741 (Schmitt v. Schmitt) 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

Schmitt v. Schmitt, 301 S.E.2d 741, 61 N.C. App. 750, 1983 N.C. App. LEXIS 2729 (N.C. Ct. App. 1983).

Pincite

Opinion

PHILLIPS, Judge.

This preliminary injunction is inherently and expressly interlocutory in nature. Consequently, it is not immediately ap-pealable unless it affects a substantial right. G.S. § 1-277, § 7A-27(d). A showing to that effect has neither been made nor attempted by the appellant, and our study of the record failed to discover any substantial right of the defendant that might be jeopardized or compromised if the preliminary injunction remains in force until the case is tried. Defendant has merely been ordered to continue making the monthly payments that he voluntarily contracted to make several years earlier. This being so, even though the question of appealability was not raised by the parties, under Bailey v. Gooding, 301 N.C. 205, 270 S.E. 2d 431 (1980), we are obliged to dismiss the appeal on our own motion.

Appeal dismissed.

Judges Webb and Becton concur.

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PHILLIPS, Judge.

This preliminary injunction is inherently and expressly interlocutory in nature. Consequently, it is not immediately ap-pealable unless it affects a substantial right. G.S. § 1-277, § 7A-27(d). A showing to that effect has neither been made nor attempted by the appellant, and our study of the record failed to discover any substantial right of the defendant that might be jeopardized or compromised if the preliminary injunction remains in force until the case is tried. Defendant has merely been ordered to continue making the monthly payments that he voluntarily contracted to make several years earlier. This being so, even though the question of appealability was not raised by the parties, under Bailey v. Gooding, 301 N.C. 205, 270 S.E. 2d 431 (1980), we are obliged to dismiss the appeal on our own motion.

Appeal dismissed.

Judges Webb and Becton concur.

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Bluebook (online)

301 S.E.2d 741, 61 N.C. App. 750, 1983 N.C. App. LEXIS 2729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmitt-v-schmitt-ncctapp-1983.

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