7A-27. Appeals of right from the courts of the trial divisions.
(a) Appeal lies of right directly to the Supreme Court in any of the following cases:
(1) All cases in which the defendant is convicted of murder in the first degree and the judgment of the superior court includes a sentence of death.
(2) From any final judgment in a case designated as a mandatory complex business case pursuant to G.S. 7A-45.4 or designated as a discretionary complex business case pursuant to Rule 2.1 of the General Rules of Practice for the Superior and District Courts.
(3) From any interlocutory order of a Business Court Judge that does any of the following:
a. Affects a substantial right.
b. In effect determines the action and prevents a judgment from which an appeal might be taken.
c. Discontinues the action.
d. Grants or refuses a new trial.
(4) Any trial court's decision regarding class action certification under G.S. 1A-1, Rule 23.
(5) Repealed by Session Laws 2021-18, s. 1, effective July 1, 2021, and applicable to appeals filed on or after that date.
(a1) Repealed by Session Laws 2016-125, s. 22(b), 4th Ex. Sess., effective December 1, 2016.
(b) Except as provided in subsection (a) of this section, appeal lies of right directly to the Court of Appeals in any of the following cases:
(1) From any final judgment of a superior court, other than one based on a plea of guilty or nolo contendere, including any final judgment entered upon review of a decision of an administrative agency, except for a final judgment entered upon review of a court martial under G.S. 127A-62.
(2) From any final judgment of a district court in a civil action.
(3) From any interlocutory order or judgment of a superior court or district court in a civil action or proceeding that does any of the following:
a. Affects a substantial right.
b. In effect determines the action and prevents a judgment from which an appeal might be taken.
c. Discontinues the action.
d. Grants or refuses a new trial.
e. Determines a claim prosecuted under G.S. 50-19.1.
f. Grants temporary injunctive relief restraining the State or a political subdivision of the State from enforcing the operation or execution of an act of the General Assembly. This sub-subdivision only applies where the State or a political subdivision of the State is a party in the civil action.
(4) From any other order or judgment of the superior court from which an appeal is authorized by statute.
(c) through (e) Repealed by Session Laws 2013-411, s. 1, effective August 23, 2013. (1967, c. 108, s. 1; 1971, c. 377, s. 3; 1973, c. 704; 1977, c. 711, s. 4; 1987, c. 679; 1995, c. 204, s. 1; 2010-193, s. 17; 2013-411, s. 1; 2014-100, s. 18B.16(e); 2014-102, s. 1; 2015-264, s. 1(b); 2016-125, 4th Ex. Sess., s. 22(b); 2017-7, s. 2; 2021-18, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 7A - Judicial Department
§ 7A-25 - Original jurisdiction of the Supreme Court.
§ 7A-26 - Appellate jurisdiction of the Supreme Court and the Court of Appeals.
§ 7A-27 - Appeals of right from the courts of the trial divisions.
§ 7A-29 - Appeals of right from certain administrative agencies.
§ 7A-30 - Appeals of right from certain decisions of the Court of Appeals.
§ 7A-31 - Discretionary review by the Supreme Court.
§ 7A-31.1 - Discretionary Review by the Court of Appeals.
§ 7A-32 - Power of Supreme Court and Court of Appeals to issue remedial writs.
§ 7A-33 - Supreme Court to prescribe appellate division rules of practice and procedure.
§ 7A-34 - Rules of practice and procedure in trial courts.
§ 7A-37.1 - Statewide court-ordered, nonbinding arbitration in certain civil actions.
§ 7A-38.1 - Mediated settlement conferences in superior court civil actions.
§ 7A-38.2 - Regulation of mediators and other neutrals.
§ 7A-38.3 - Prelitigation mediation of farm nuisance disputes.
§ 7A-38.3A - Prelitigation mediation of insurance claims.
§ 7A-38.3B - Mediation in matters within the jurisdiction of the clerk of superior court.
§ 7A-38.3D - Mediation in matters within the jurisdiction of the district criminal courts.
§ 7A-38.3E - Mediation of public records disputes.
§ 7A-38.3F - Prelitigation mediation of condominium and homeowners association disputes.
§ 7A-38.4A - Settlement procedures in district court actions.
§ 7A-38.5 - Community mediation centers.
§ 7A-38.7 - Dispute resolution fee for cases referred to mediation.