NC General Statutes

N.C. Gen. Stat. § 1-278 (2026)

Interlocutory orders reviewed on appeal from judgment

✓ current as of July 2026

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Upon an appeal from a judgment, the court may review any intermediate order involving the merits and necessarily affecting the judgment. (C.C.P., s. 313; Code, s. 562; Rev., s. 589; C.S., s. 640.)

Notes of Decisions

Cited in 52 cases (13 in the last 5 years), 1950–2026 · leading case: Yorke v. Novant Health, Inc., 666 S.E.2d 127 (N.C. Ct. App. 2008).

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Yorke v. Novant Health, Inc., 666 S.E.2d 127 (N.C. Ct. App. 2008). · cites it 28× “*348 Notwithstanding the jurisdictional requirements in Rule 3(d), our Court has recognized that even if an appellant omits a certain order from the notice of appeal, our Court may still obtain jurisdiction to review the order pursuant to N.C. Gen. Stat. § 1-278 . See N.C. Gen.…”

Tinajero v. Balfour Beatty Infrastructure, Inc., 758 S.E.2d 169 (N.C. Ct. App. 2014). · cites it 20× “We note that while Rule 3(d) of the Rules of Appellate Procedure provides that the notice of appeal "shall designate the judgment or order from which appeal is taken," N.C. Gen. Stat. § 1-278 (2013) provides: "Upon an appeal from a judgment, the court may review any intermediate…”

Gaunt v. Pittaway, 534 S.E.2d 660 (N.C. Ct. App. 2000). · cites it 10× “N.C. Gen. Stat. § 1-278 (1996) provides that: “Upon an appeal from a judgment, the court may review any intermediate order involving the merits and necessarily affecting the judgment.”

Brooks v. Wal-Mart Stores, Inc., 535 S.E.2d 55 (N.C. Ct. App. 2000). · cites it 13× “Further, although Wal-Mart’s notice of appeal did not reference the 19 May 1998 order as required by Rule 3(d), N.C.G.S. § 1-278 (1999) provides “another avenue by which an appellate court may obtain jurisdiction to review an interlocutory order” absent compliance with Rule 3(d).”

Fairfield Harbour Prop. Owners Ass'n v. Midsouth Golf, LLC, 715 S.E.2d 273 (N.C. Ct. App. 2011). · cites it 10× “*71 “Notwithstanding the jurisdictional requirements in Rule 3(d), our Court has recognized that even if an appellant omits a certain order from the notice of appeal, our Court may still obtain jurisdiction to review the order pursuant to N.”

Gaunt v. Pittaway, 520 S.E.2d 603 (N.C. Ct. App. 1999). · cites it 17× “N.C. Gen. Stat. § 1-278 (1996) provides that: “Upon an appeal from a judgment, the court may review any intermediate order involving the merits and necessarily affecting the judgment.”

State Ex Rel. Cooper v. NCCS Loans, Inc., 624 S.E.2d 371 (N.C. Ct. App. 2005). · cites it 7× “Defendants argue that despite their failure to appeal from the order adding Gill as a defendant, this Court has jurisdiction to review the order under N.C. Gen. Stat. § 1-278 (2003). G.S. § 1-278 states that on appeal, “the court may review any intermediate order involving the…”

Charles Vernon Floyd, Jr. & Sons, Inc. v. Cape Fear Farm Credit, ACA, 510 S.E.2d 156 (N.C. 1999). · cites it 12× “N.C.G.S. § 1-278 provides: “Upon an appeal from a judgment, the court may review any intermediate order involving the merits and necessarily affecting the judgment.”

Davis v. Hulsing Hotels N. Carolina, 783 S.E.2d 765 (N.C. Ct. App. 2016). · cites it 12× “However, N.C. Gen. Stat. § 1-278 “provides a means by which an appellate court may obtain jurisdiction to review an order not included in a notice on [sic] appeal.”

Piazza v. Kirkbride, 785 S.E.2d 695 (N.C. Ct. App. 2016). · cites it 2× “§ 7A-27(b)(1), and jurisdiction to consider intermediate orders necessarily affecting the judgment under N.C. Gen.Stat. § 1-278. Brannon's notice of appeal was timely made.”

Inman v. Inman, 525 S.E.2d 820 (N.C. Ct. App. 2000). · cites it 7× “lement as written bar the defendant from claiming equitable distribution in property acquired after a reconciliation?” We first note that plaintiff did not object-to the 11 June 1997 order of the trial court ruling that the separation and property settlement agreement did not…”

Dixon v. Hill, 620 S.E.2d 715 (N.C. Ct. App. 2005). · cites it 4× “N.C. Gen. Stat. § 1-278 (2003), however, provides a means by which an appellate court may obtain jurisdiction to review an order not included in a notice on appeal.”

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