Current through Session Law 2020-97
Section 7A-27 - Appeals of right from the courts of the trial divisions(a) Appeal lies of right directly to the Supreme Court in any of the following cases: (1) All cases in which the defendant is convicted of murder in the first degree and the judgment of the superior court includes a sentence of death.(2) From any final judgment in a case designated as a mandatory complex business case pursuant to G.S. 7A-45.4 or designated as a discretionary complex business case pursuant to Rule 2.1 of the General Rules of Practice for the Superior and District Courts.(3) From any interlocutory order of a Business Court Judge that does any of the following: a. Affects a substantial right.b. In effect determines the action and prevents a judgment from which an appeal might be taken.c. Discontinues the action.d. Grants or refuses a new trial.(4) Any trial court's decision regarding class action certification under G.S. 1A-1, Rule 23.(5)Any order that terminates parental rights or denies a petition or motion to terminate parental rights. (a1) Repealed by Session Laws 2016-125, s. 22(b), 4th Ex. Sess., effective December 1, 2016.(b) Except as provided in subsection (a) of this section, appeal lies of right directly to the Court of Appeals in any of the following cases:(1) From any final judgment of a superior court, other than one based on a plea of guilty or nolo contendere, including any final judgment entered upon review of a decision of an administrative agency, except for a final judgment entered upon review of a court martial under G.S. 127A-62.(2) From any final judgment of a district court in a civil action.(3) From any interlocutory order or judgment of a superior court or district court in a civil action or proceeding that does any of the following: a. Affects a substantial right.b. In effect determines the action and prevents a judgment from which an appeal might be taken.c. Discontinues the action.d. Grants or refuses a new trial.e. Determines a claim prosecuted under G.S. 50-19.1.f. Grants temporary injunctive relief restraining the State or a political subdivision of the State from enforcing the operation or execution of an act of the General Assembly. This sub-subdivision only applies where the State or a political subdivision of the State is a party in the civil action.(4) From any other order or judgment of the superior court from which an appeal is authorized by statute.(c) through (e) Repealed by Session Laws 2013-411, s. 1, effective August 23, 2013.Amended by 2017 N.C. Sess. Laws 7,s. 2, eff. 4/11/2017.Amended by 2016EX4 N.C. Sess. Laws 125,s. 22-b, eff. 12/16/2016.Amended by 2015 N.C. Sess. Laws 264,s. 1-b, eff. 10/1/2015.Amended by 2014 N.C. Sess. Laws 102,s. 1, eff. 10/1/2014.Amended by 2014 N.C. Sess. Laws 100,s. 18B.16-e, eff. 8/7/2014.Amended by 2013 N.C. Sess. Laws 411,s. 1, eff. 8/23/2013.Amended by 2010 N.C. Sess. Laws 193,s. 17, eff. 12/1/2010.1967, c. 108, s. 1; 1971, c. 377, s. 3; 1973, c. 704; 1977, c. 711, s. 4; 1987, c. 679; 1995, c. 204, s. 1.