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COA Holds That Prelim Injunction Entered Without Notice Is Immediately Appealable

By Sean E. Andrussier

Today in Perry v. Baxley Dev. Co., the Court of Appeals (COA) held that a preliminary injunction (PI) entered without notice affects a "substantial right" and thus is immediately appealable even though it's an interlocutory order. (Under NC law, like federal law, a PI can issue only after notice and a hearing.) The COA then held that the trial court abused its discretion by failing to set aside the PI because defendant didn't receive proper notice of the PI hearing. Notice had been sent to a lawyer representing defendant in a separate matter, but that lawyer hadn't entered an appearance in this matter, and thus wasn't an attorney of record. Therefore, notice to that lawyer was not sufficient to constitute notice to defendant.

Full post as published by North Carolina Appellate Blog on January 15, 2008 (boomark / email).