Appellate Jurisdiction and Interlocutory Appeals in North Carolina

Courts must have jurisdiction to hear a case. Jurisdiction can be established in numerous ways, including by subject matter or geography. If a party to a case wants to appeal a ruling, the court of appeals must ensure they have appellate jurisdiction, which is the authority to review a lower court’s decision. Interlocutory appeals present unique challenges when determining appellate jurisdiction because there are strict rules concerning the types of orders and judgments that can be appealed, such as whether or not the appealed ruling is considered final.

In the case of Baer v. Baer, the appellate court determined it did not have jurisdiction to hear Husband’s appeal because the judgment he appealed was not final and did not affect a substantial right.

Baer v. Baer

Husband and Wife entered into a settlement agreement that addressed the division of their property and other issues, including alimony. The agreement required that they promptly file a dismissal with prejudice of the pending domestic violence petitions that both parties had previously filed against the other. The next day, they jointly filed notice of voluntary dismissal.

A few months later, Husband filed a complaint seeking a declaratory judgment to set aside the separation agreement because he alleged he signed under duress and undue influence. Wife filed a counterclaim for breach of contract and a motion for summary judgment.

The Court’s Ruling

Wife’s motion was granted in part. Specifically, the court ruled in Wife’s favor regarding the breach of contract claim and stated that, since Husband had ratified the separation agreement, he must pay Wife the $475,000 distributive award owed to her under the agreement. The issue of damages resulting from Husband’s breach of contract was not ruled upon, and a hearing would be set at a future time. Husband appealed the trial court’s interlocutory order granting partial summary judgment in favor of Wife on her counterclaim for breach of contract.

The Appellate Court Steps In, Then Out

The appellate court considered whether or not this interlocutory appeal affected a substantial right, as is required. Husband, as the appellant in this case, had the burden of proving that the appealed order jeopardizes a substantial right. He contended that his rights were affected because the trial court entered a money judgment against him for $475,000 in damages. However, the appellate court determined that the lower court’s judgment was on liability and a portion of the damages owed to Wife, and that the same issue was reserved for a future hearing. The issuance of a partial summary judgment on damages is allowed when a judgment is not rendered on the entire case, and Husband did not offer any evidence to support that the trial court’s ruling was enforceable as a stand-alone judgment.

The appellate court in Baer v. Baer ruled that the interlocutory appeal did not affect a substantial right, and it was dismissed for lack of appellate jurisdiction. Contact a law firm experienced in family law appeals for expert advice on your case.