JUDY PEARSON MOODY,
Plaintiff
v
.
Wake County
No. 02 CVD 4254
NATIONWIDE MUTUAL INSURANCE
COMPANY
Defendant.
E. Gregory Stott, for plaintiff-appellant.
Larcade & Heiskell, PLLC, by Christopher N. Heiskell, for
defendant-appellee.
MARTIN, Chief Judge.
Plaintiff appeals from an order compelling her to arbitrate
disputed medical payments under the terms of her automobile
insurance policy. Defendant has moved to dismiss the appeal.
There is no provision for an immediate appeal from an order
compelling arbitration. Laws v. Horizon Housing, Inc., 137 N.C.
App. 770, 771, 529 S.E.2d 695, 696 (2000); N.C. Gen. Stat. § 1-
567.18 (2002) (§§ 1-567.1 to 1-567.20 was repealed effective 1
January 2004 and was replaced with §§ 1-569.1 et seq., the Revised
Uniform Arbitration Act, for agreements entered after that date; §
1-567.18 applies unless all parties agree to the contrary. See
N.C. Gen. Stat. § 1-569.3 (2003)). If an order jeopardizes anappellant's substantial right, this Court may accept an
interlocutory appeal, but it is the appellant's burden to present
appropriate grounds for us to do so. Jeffreys v. Raleigh Oaks
Joint Venture, 115 N.C. App. 377, 379, 444 S.E.2d 252, 253 (1994).
Furthermore, [i]t is not the duty of this Court to construct
arguments for or find support for appellant's right to appeal from
an interlocutory order. Id. at 380, 444 S.E.2d at 254.
Plaintiff argues that avoiding arbitration is itself a
substantial right. She contends that her appeal is not
interlocutory and that she will suffer immediate and irreparable
harm because she could be barred from asserting her unfair trade
practices claim. She has, however, failed to present appropriate
grounds or to provide relevant case law to support her contentions.
Additionally, the trial court's order did not bar the unfair trade
practices claim, rather it only stayed proceedings pending the
resolution of the medical payments claim through the binding
arbitration required by the insurance policy. Therefore,
plaintiff's claims not governed by arbitration are not threatened
by the trial court's order. Because this appeal is interlocutory
and plaintiff has not met her burden of showing that a substantial
right is jeopardized, defendant's motion to dismiss the appeal will
be allowed.
Dismissed.
Judges CALABRIA and GEER concur.
Report per Rule 30(e).
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