DENNIS R. CHANDLEY, d/b/a
ALL PRO PLUMBING, INC.,
No. 04 CVD 3814
FIRST CHARTER BANK, TAMARA
MOORE and JANE DOE,
Carol B. Andres, for plaintiff-appellee.
William E. Loose, for defendant-appellant Moore.
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.
Judges TYSON and GEER concur.
Report per Rule 30(e).
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