An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

NO. COA05-873

NORTH CAROLINA COURT OF APPEALS

Filed: 21 March 2006

DENNIS R. CHANDLEY, d/b/a
ALL PRO PLUMBING, INC.,
        Plaintiff,

v .                         Buncombe County
                            No. 04 CVD 3814
FIRST CHARTER BANK, TAMARA
MOORE and JANE DOE,
        Defendants.

    Appeal by defendant Moore from order entered 6 April 2005 by Judge Peter Roda in the District Court in Buncombe County. Heard in the Court of Appeals 9 February 2005.

    Carol B. Andres, for plaintiff-appellee.

    William E. Loose, for defendant-appellant Moore.

    HUDSON, Judge.
    Plaintiff filed a complaint against defendants seeking to recover damages for negligence, breach of fiduciary duty, conversion and respondeat superior. He alleged that defendant Moore, who was formerly married to plaintiff, had forged plaintiff's name on various checks for her own benefit during the marriage. In March 2005, defendant Moore filed a motion for summary judgment, arguing that plaintiff's suit was barred by res judicata, as plaintiff had previously brought another suit involving the same money. The court denied defendant's motion for summary judgment on 6 April 2005. Defendant appeals. We dismiss the appeal.
    Defendant appeals pursuant to N.C. Gen. Stat. 7A-27(c) (2005),which grants an appeal of right from “any final judgment of a district court in a civil action.” Id. However, an order denying summary judgment is not a final judgment, but rather, “is interlocutory, does not affect a substantial right, and is not immediately appealable.” See Nationwide Mut. Ins. Co. v. State Farm Mut. Auto. Ins. Co., 122 N.C. App. 449, 456, 470 S.E.2d 556, 560 (1996). Accordingly, we dismiss defendant's appeal.
    Dismissed.
    Judges TYSON and GEER concur.
    Report per Rule 30(e).

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