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59 N.C. App. 351

296 S.E.2d 508

Buchanan v. Rose

Court of Appeals of North Carolina

Decided November 2, 1982

Court of Appeals of North Carolina · decided 1982-11-02

Key passage — most relied on by later courts

“[A]n order denying a motion to amend pleadings is an interlocutory order, and is not immediately appealable.”

quoted by 1 later decision, including 158 N.C. App. 687 - Carter v. Rockingham County Board of Education

Relies on Calloway v. Ford Motor Company · 40 N.C. App. 227 - O'Neill v. Southern National Bank · 25 N.C. App. 655 - Funderburk v. Justice

Good law ✅— No negative treatment on recordhow we know

Decided 1982-11-02

How this case has been cited

Cited by 24 later decisions — most recently March 2011

24 state decisions

1801982199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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*352 ARNOLD, Judge.

¶1 Defendants attack the refusal of the trial judge to allow them to amend their answer. Under G.S. 1A-1, Rule 15(a), amendment of a pleading after the time for pleading has expired is “only by leave of court or by written consent of the adverse party, and leave shall be freely given when justice so requires.” But an order denying a motion to amend pleadings is an interlocutory order, and is not immediately appealable. Calloway v. Ford Motor Co., 281 N.C. 496, 501, 189 S.E. 2d 484, 488 (1972). See also, O'Neill v. Bank, 40 N.C. App. 227, 230, 252 S.E. 2d 231, 234 (1979).

¶2 Although this appeal is not from a final order, G.S. 7A-27(d) allows appeal as a matter of right from an interlocutory order which

(1) Affects a substantial right, or
(2) In effect determines the action and prevents a judgment from which appeal might be taken, or
(3) Discontinues the action, or
(4) Grants or refuses a new trial.

¶3 This statute should be strictly construed for “the purpose of eliminating the unnecessary delay and expense of fragmented appeals and of presenting the whole case for determination in a single appeal from a final judgment.” Funderburk v. Justice, 25 N.C. App. 655, 656, 214 S.E. 2d 310, 311 (1975).

¶4 We do not find that a substantial right of the defendants will be irreparably damaged if we do not allow this appeal. This case is not like Hudspeth v. Bunzey, 35 N.C. App. 231, 241 S.E. 2d 119, disc. rev. denied, 294 N.C. 736, 244 S.E. 2d 154 (1978), where it was held that denial of a motion to amend an answer to assert a compulsory counterclaim affected a substantial right. The court in Hudspeth found that failure to assert a compulsory counterclaim will ordinarily bar future action on the claim. Here, the case can proceed to trial with the loser there having a right of appeal to this Court. None of the other three exceptions in G.S. 7A-27(d) is applicable here.

¶5 As a result, we dismiss this appeal as interlocutory.

¶6*353 Dismissed.

Judges Martin and Whichard concur.
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