[DOWNLOAD] "Smith V. Phillips" by Court of Appeals of North Carolina * Book PDF Kindle ePub Free

eBook details

Title: Smith V. Phillips
Author : Court of Appeals of North Carolina
Release Date : January 20, 1994
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 56 KB

Description

At the outset we note that appeals from denial of motions for summary judgment, such as the instant one, are interlocutory and typically not allowed because they do not affect a substantial right of the parties. Waters v. Personnel, Inc., 294 N.C. 200, 208, 240 S.E.2d 338, 343 (1978). However, when the motion is made on the grounds of sovereign and qualified immunity, such a denial is immediately appealable, because to force a defendant to proceed with a trial from which he should be immune would vitiate the doctrine of sovereign immunity. Corum v. University of North Carolina, 97 N.C. App. 527, 532, 389 S.E.2d 596, 599 (1990), rev'd in part on other grounds, 330 N.C. 761, 413 S.E.2d 276, cert. denied, 61 U.S.L.W. 3369, 121 L. Ed. 2d 431 (1992). In the case sub judice, defendants have asserted a claim of governmental immunity and, therefore, their appeal is properly before this Court.