GERALDINE H. STEADMAN,
Plaintiff,
v
.
THOMAS ALAN STEADMAN,
Defendant.
William T. Skinner, IV, for plaintiff-appellee.
Moseley, Elliott, Sholar, and Dickens, L.L.P., by William F.
Dickens, Jr., for defendant-appellant.
SMITH, Judge.
Defendant appeals from an order of the district court granting
partial summary judgment in favor of plaintiff. In the order, the
trial court determined that plaintiff was entitled to a money
judgment against defendant for arrearages owed to her under the
terms of a spousal support agreement. The court then stated:
The balance of the issues for the Court
to determine on summary judgment concerning
the amount of the money judgment to be
established in favor of the plaintiff and the
amount of attorney fees to be allowed to
plaintiff's attorney is continued for hearing
at the February 6, 2001 Session of Halifax
County Civil District Court.
Prior to the trial court's determination of the amount of money due
plaintiff, defendant filed notice of appeal to this Court.
Defendant has appealed from an interlocutory order. An orderis interlocutory if it is made during the pendency of an action
and does not dispose of the case but requires further action by the
trial court in order to finally determine the entire controversy.
N.C. Dept. of Transportation v. Page, 119 N.C. App. 730, 733, 460
S.E.2d 332, 334 (1995) (citation omitted). Although interlocutory
orders are generally not immediately appealable, a litigant may
appeal from an interlocutory order which affects a substantial
right. Hart v. F.N. Thompson Constr. Co., 132 N.C. App. 229, 511
S.E.2d 27 (1999) (citing N.C. Gen. Stat. § 1-277(a); N.C. Gen.
Stat. § 7A-27). A substantial right has been defined as one which
will clearly be lost or irremediably adversely affected if the
order is not reviewable before final judgment. Blackwelder v.
Dept. of Human Resources, 60 N.C. App. 331, 335, 299 S.E.2d 777,
780 (1983). It is well settled that a judgment which determines
liability but which leaves unresolved the amount of damages is
interlocutory and cannot affect a substantial right:
[i]f . . . [such a] partial . . . judgment is
in error defendant can preserve its right to
complain of the error on appeal from the final
judgment by a duly entered exception. Even if
defendant is correct on its legal position,
the most it will suffer from being denied an
immediate appeal is a trial on the issue of
damages.
Johnston v. Royal Indemnity Co., 107 N.C. App. 624, 625, 421 S.E.2d
170, 171 (1992) (citation omitted). Defendant's appeal in the
present case is interlocutory, does not affect a substantial right,
and the appeal is therefore dismissed. We remand this case for a
determination of the amount of money due plaintiff as a result of
defendant's non-payment of spousal support and such otherproceedings as may be appropriate.
In addition, we note that this interlocutory appeal is the
second premature appeal to this Court by this defendant in the
instant case. Accordingly, this Court is constrained to conclude
that the appeal was taken for an improper purpose so as to cause
unnecessary delay and needless increase in the cost of this
litigation. N.C.R. App. P. 34(a)(2). Pursuant to Rule 34, the
Court imposes the following sanction: the appellant is taxed with
the entire costs, to be doubled, with appellant paying one cost and
appellant's counsel paying one cost.
Appeal dismissed and costs taxed to appellant and appellant's
counsel.
Judges TIMMONS-GOODSON and BRYANT concur.
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