Orders transferring or refusing to transfer are not immediately appealable, even for abuse of discretion. Such orders are reviewable only by the appellate division on appeal from a final judgment. If on review, such an order is found erroneous, reversal or remand is not granted unless prejudice is shown. If, on review, a new trial or partial new trial is ordered for other reasons, the appellate division may specify the proper division for new trial and order a transfer thereto.
N.C. Gen. Stat. § 7A-260
Review of transfer matters
Applied in 2 court decisions — leading case 192 N.C. App. 559 - KITCHIN EX REL. KITCHIN v. Halifax County (2008)
Most recently applied in 192 N.C. App. 559 - KITCHIN EX REL. KITCHIN v. Halifax County (September 2008)
1965, c. 310, s. 1; 1967, c. 108, s. 7.
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.