Opinion
No. 28PA97
Filed 6 June 1997
On writ of certiorari pursuant to N.C.G.S. § 7A-32(b) to review an order of the Court of Appeals, 121 N.C. App. 360, 465 S.E.2d 319 (1996), dismissing the plaintiff's appeal. Heard in the Supreme Court 14 May 1997.
Law Offices of Grover C. McCain, Jr., by Grover C. McCain, Jr., and Frank W. Hallstrom, for plaintiff-appellant.
Patterson, Dilthey, Clay Bryson, L.L.P., by Robert M. Clay, for defendant-appellee Shoemate.
Bailey Dixon, L.L.P., by Gary S. Parsons and Kenyann G. Brown, on behalf of Nationwide Mutual Insurance Company and the Alliance of American Insurers, amici curiae.
The interlocutory order of the superior court, from which the plaintiff appealed, affects a substantial right which the plaintiff will lose if the order is not reviewed before final judgment. Waters v. Qualified Personnel, Inc., 294 N.C. 200, 240 S.E.2d 338 (1977); Highway Commission v. Nuckles, 271 N.C. 1, 155 S.E.2d 772 (1967). It was error to dismiss the appeal. We reverse the order dismissing the appeal and remand to the Court of Appeals for a hearing on the merits.
REVERSED AND REMANDED.