MARCY LEDFORD
v
.
Macon County
No. 00 CVS 522
SMOKEY MOUNTAIN HEALTHCARE
ASSOCIATES, P.A. and DAVID
A. FRANKS, M.D.
Melrose, Seago & Lay, P.A., by Randal Seago, for plaintiff-
appellant.
Coward, Hicks & Siler, P.A., by Monty C. Beck, for defendant-
appellee Smokey Mountain Healthcare Associates, P.A.
Van Winkle, Buck, Wall, Starnes and Davis, P.A., by Michelle
Rippon, for defendant-appellee David A. Franks.
THOMAS, Judge.
Plaintiff, Marcy Ledford, appeals the trial court's grant of
summary judgment to defendants, Smokey Mountain Healthcare
Associates, P.A. (SMHC), and Doctor David A. Franks. She sets
forth four assignments of error. For the reasons herein, we find
that the trial court's order is interlocutory and dismiss
plaintiff's appeal.
Plaintiff began working in 1994 as a nursing assistant with
Franks, who at that time maintained a solo practice. In 1997,
Franks and other doctors merged their practices into SMHC. Plaintiff continued working as a nursing assistant with SMHC. On
24 October 2000, plaintiff filed a complaint against SMHC and
Franks alleging trespass, intentional infliction of emotional
distress (IIED), invasion of privacy, and ratification by SMHC of
Franks's conduct.
Both defendants moved for summary judgment. The trial court
granted SMHC's motion for summary judgment. The court granted
summary judgment in favor of Franks as to the claims of IIED and
the request for punitive damages. Franks's motion was denied with
respect to plaintiff's claim for invasion of privacy. The record
does not indicate a ruling on that part of Franks's motion
concerning plaintiff's trespass claim.
No party has addressed the threshold question of whether this
appeal is interlocutory. A ruling is interlocutory if it does not
determine the issues but directs some further proceeding
preliminary to a final decree. Blackwelder v. Dept. of Human
Resources, 60 N.C. App. 331, 333, 299 S.E.2d 777, 779 (1983). A
grant of partial summary judgment, because it does not completely
dispose of the case, is an interlocutory order from which there is
ordinarily no right of appeal. Liggett Group v. Sunas, 113 N.C.
App. 19, 23, 437 S.E.2d 674, 677 (1993). However, an interlocutory
order may be heard in appellate courts if it affects a substantial
right. See N.C. Gen. Stat. § 1-277(a) (2001). A party may also
appeal if the trial court enters a final judgment as to one or more
but fewer than all of the claims or parties, and the trial court
certifies in the judgment that there is no just reason to delay theappeal. N.C. Gen. Stat. § 1A-1, Rule 54(b) (2001). In either
circumstance, it is the appellant's burden to present arguments to
this Court supporting acceptance of the appeal. Abe v. Westview
Capital, 130 N.C. App. 332, 334, 502 S.E.2d 879, 881 (1998).
Here, there has not been final adjudication as to all of
plaintiff's claims against Franks. Moreover, there has been no
Rule 54(b) certification by the trial court and plaintiff has
presented no argument that a substantial right will be affected if
we do not proceed with our review. Indeed, we do not believe that
dismissal of this appeal would affect a substantial right and
result in two trials involving the same issues with a possibility
of inconsistent verdicts. See Moose v. Nissan of Statesville, 115
N.C. App. 423, 426, 444 S.E.2d 694, 697 (1994). We also note that
in Moose, this Court specifically excluded summary judgment of
punitive damages claims as immediately appealable. Id. at 427, 444
S.E.2d at 697. Accordingly, this appeal is dismissed as
interlocutory.
DISMISSED.
JUDGES WYNN and HUNTER concur.
Report per Rule 30(e).
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