Hanna v. Wright
Hanna v. Wright
Opinion
*414 Stephen Sidney Wright ("Defendant") appeals from the trial court's order of default judgment and preliminary injunction, and order setting the cash bond to stay execution of the judgment and preliminary injunction. After careful review, we dismiss Defendant's appeal as interlocutory.
Background
In March 2013, Plaintiff contracted to provide Defendant a 2006 MTL20 Track Loader ("Track Loader"). After the contract was formed, Defendant took possession of the Track Loader in March 2013. On 16 February 2016, Plaintiff filed a civil summons and complaint in Currituck County District Court against Defendant alleging breach of this contract, including a request for injunctive relief. Defendant was served with the civil summons and complaint on 22 February 2016. On 30 March 2016, Plaintiff moved for entry of default, which was granted by the Currituck County Clerk of Superior Court. On 25 April 2016, Plaintiff filed a motion for default judgment. On 9 June 2016, Defendant through counsel filed a motion to set aside entry of default and default judgment, and a proposed answer. That same day, the trial court granted the default judgment and preliminary *476 injunction. The trial court decreed that Plaintiff was entitled to take possession of the Track Loader. The trial court further ordered that Plaintiff was "entitled to a money judgment for rent-money owed upon future motion in the cause for damages[.]" The trial court entered the order on 14 June 2016. Defendant appealed from this order on 14 July 2016. The amount of the money judgment to be entered against Defendant has not yet been determined.
Analysis
At the outset, we note that the present appeal is interlocutory because the amount of the money judgement to be entered has not yet been determined.
Heavner v. Heavner
,
*415
"Generally, there is no right of immediate appeal from an interlocutory order."
Feltman v. City of Wilson
,
"Although our courts have recognized the inability to practice one's livelihood and the deprivation of a significant property interest to be substantial rights," we have not recognized that an order that does not prevent the business
as a whole
from operating affects a substantial right.
Bessemer City Express, Inc.
,
The amount of the money judgment to be entered against Defendant remains outstanding. Defendant's argument on appeal does not evince sufficient grounds for an interlocutory appeal. Thus, we have no jurisdiction to hear this matter at this time.
*416 Conclusion
For the reasons stated above, Defendant's interlocutory appeal is dismissed.
DISMISSED.
Judges CALABRIA and DIETZ concur.
The trial court did not certify its order for immediate appeal pursuant to Rule 54(b) of the North Carolina Rules of Civil Procedure.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.