Camp v. Camp
Camp v. Camp
Opinion of the Court
Interlocutory orders that have not been certified by the trial court and do not affect a substantial right are not immediately appealable. In this case, Defendant appeals from an order for equitable distribution that does not resolve related claims for alimony and attorney's fees. Because that order is interlocutory and does not affect a substantial right, we dismiss this appeal.
Plaintiff, Diane Hicks Camp, and Defendant, Ronald Steve Camp, married in February 1979 and separated in February 2000 without children. Thereafter, Plaintiff brought an action seeking alimony, post-separation support, attorney's fees, divorce from bed and board, equitable distribution, and possession of property.
Following a hearing on Plaintiff's claim for equitable distribution, Judge Theodore S. Royster, Jr. entered an order distributing the marital residence to Plaintiff but ordering Defendant to be responsible for seventy-five percent of all debt on the marital residence, and dividing the deferred incentive account, 1999 and 2000 bonuses. From that order, Defendant appeals.
The dispositive issue is whether this appeal is premature. An order is interlocutory if it is made during the pendency of an action and does not dispose of the case but requires further action by the trial court in order to finally determine the rights of all parties involved in the controversy. See Veazey v. City of Durham,
There are two instances where a party may appeal interlocutory orders: (1) when there has been a final determination as to one or more of the claims and the trial court certifies that there is no just reason to delay the appeal, and (2) if delaying the appeal would prejudice a substantial right. See Liggett Group Inc. v. Sunas,
Interlocutory appeals that challenge only the financial repercussions of a separation or divorce generally have not been held to affect a substantial right. Embler v. Embler,
In Embler, the defendant appealed from an equitable distribution order that left open the related issue of alimony.
As in Embler, here, Defendant is appealing an equitable distribution order that left open the related issue of alimony, along with a claim for attorney's fees. Following Embler, this Order for Equitable Distribution does not affect a substantial right. Id. at 167,
Dismissed.
Judges McGEE and TYSON concur.
Report per Rule 30(e).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.