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NC General Statutes

N.C. Gen. Stat. § 1-271 (2026)

Who may appeal

✓ current as of July 2026
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Any party aggrieved may appeal or cross-appeal in the cases prescribed in this Chapter. The term "party aggrieved" includes a party challenging the grant or denial of a motion under the Rules of Civil Procedure. (C.C.P., s. 298; Code, s. 547; Rev., s. 585; C.S., s. 632; 1969, c. 895, s. 15; 2023-54, s. 2.)

 

§§ 1-272 through 1-276:  Repealed by Session Laws 1999-216, s. 2.

 

Notes of Decisions
Cited in 102 cases (1 in the last 5 years), 1944–2026 · leading case: State v. Morrow, 683 S.E.2d 754 (N.C. Ct. App. 2009).
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State v. Morrow, 683 S.E.2d 754 (N.C. Ct. App. 2009). · cites it 8× “See N.C. Gen.Stat. § 1-271 (2007) (allowing appeal only by an aggrieved party); Culton v.”
Kor Xiong v. Marks, 668 S.E.2d 594 (N.C. Ct. App. 2008). · cites it 4× “§ 1-277 (2007) (allowing appeal only from a "judicial order or determination"); N.C. Gen.Stat. § 1-271 (2007) (allowing appeal only by an *598 aggrieved party); N.”
In Re Brownlee, 272 S.E.2d 861 (N.C. 1981). · cites it 4× “The present case brings before this court two principal questions for our consideration: (1) whether Wake County is entitled to appeal from the orders entered by Judge Bason; and (2) whether the district court was empowered to direct the county to provide care for respondent at…”
In re J.B., 616 S.E.2d 264 (N.C. Ct. App. 2005). · cites it 2× “2d 323 , 324 (1990) (quoting N.C. Gen.Stat. § 1-271). "An aggrieved party is one whose rights have been directly and injuriously affected by the action of the court.”
Greene v. Royster, 652 S.E.2d 277 (N.C. Ct. App. 2007). · cites it 4× “Plaintiff’s Cross Assignment of Error Plaintiff cross-assigned error to the denial of her motion for directed verdict. However, because “the judgment of the Superior Court in [plaintiff’s] favor remains undisturbed,” plaintiff is not an aggrieved party'within the meaning of N.”
Greene v. Town of Valdese, 291 S.E.2d 630 (N.C. 1982). · cites it 4× “By statute, G.S. 1-271, only a party aggrieved by the ruling of a lower court may appeal.”
Barker v. Agee, 389 S.E.2d 803 (N.C. 1990). · cites it 6× “The Court of Appeals concluded that the order granting summary judgment against defendants did not determine the Bank’s liability and did not affect the Bank’s rights; therefore, the Bank was not an aggrieved party under N.”
Templeton v. Apex Homes, Inc., 595 S.E.2d 769 (N.C. Ct. App. 2004). · cites it 8× “Because the Templetons are not aggrieved parties within the meaning of N.C. Gen. Stat. § 1-271 (2003), we dismiss this appeal.”
In re J.A.P., 659 S.E.2d 14 (N.C. Ct. App. 2008). · cites it 2× “2d 323 , 324 (1990) (quoting N.C. Gen.Stat. § 1-271). "An aggrieved party is one whose rights have been directly and injuriously affected by the action of the court.”
Culton v. Culton, 398 S.E.2d 323 (N.C. 1990). · cites it 3× “The Court of Appeals, with one judge dissenting, held that Article I of Chapter 35A of the General Statutes provided the exclusive procedure for determining incompetency and vacated the order of the district court. The defendant then appealed to this Court.”
Shillington v. K-Mart Corp., 402 S.E.2d 155 (N.C. Ct. App. 1991). · cites it 4× “G.S. § 1-271. A party has no right to appeal from a judgment entered on his own motion.”
Berens v. Berens, 785 S.E.2d 733 (N.C. Ct. App. 2016). · cites it 2× “Adams argues that she constitutes an "aggrieved party" and has a statutory right to appeal the trial court's order pursuant to N.C. Gen.Stat. § 1-271 (2013) and Rule 3 of the North Carolina Rules of Appellate Procedure.”
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