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N.C. Gen. Stat. § 1-277

Appeal from superior or district court judge

Applied in 275 court decisions — leading case 115 N.C. App. 377 - Jeffreys v. Raleigh Oaks Joint Venture (1994)

Most recently applied in 267 N.C. App. 37 - Manley v. Maple Grove Nursing Home (August 2019)

1818, c. 962, s. 4, P.R; C.C.P., s. 299; Code, s. 548; Rev., s. 587; C.S., s. 638; 1967, c. 954, s. 3; 1971, c. 268, s. 10; 2023-54, s. 3.

How often courts cite this section

19811990200020102019260
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) An appeal may be taken from every judicial order or determination of a judge of a superior or district court, upon or involving a matter of law or legal inference, whether made in or out of session, that affects a substantial right claimed in any action or proceeding; or that in effect determines the action and prevents a judgment from which an appeal might be taken; or discontinues the action or grants or refuses a new trial.

(b) Any interested party has the right of immediate appeal from an adverse ruling as to the jurisdiction of the court over the person or property of the defendant, or the party may preserve the party's objection for determination upon any subsequent appeal in the cause.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.