Davie County Department of Social Services ex rel. Brown v. Jones, 62 N.C. App. 142 (1983)

May 3, 1983 · North Carolina Court of Appeals · No. 8222DC561

62 N.C. App. 142

DAVIE COUNTY DEPARTMENT OF SOCIAL SERVICES on behalf of ELAINE C. BROWN v. HENRY LEE JONES and LINWOOD GRAY BROWN

No. 8222DC561

(Filed 3 May 1983)

Appeal and Error § 6.2— order directing blood grouping test — no immediate appeal

Defendant had no right of immediate appeal from an order directing him to submit to a blood grouping and comparison test pursuant to G.S. 8-50.1.

APPEAL by defendant Jones from Johnson, Judge. Order entered 6 April 1982 in District Court, DAVIE County. Heard in the Court of Appeals 18 April 1983.

Brock and McClamrock, by Grady L. McClamrock, Jr., for plaintiff appellee.

Davis and Corriher, by Thomas M. King, for defendant appellant.

VAUGHN, Chief Judge.

This is an action seeking support of a minor child. Paternity is at issue. The court entered an order directing defendant to submit to a blood grouping and comparison test pursuant to G.S. 8-50.1, and defendant gave notice of appeal from that order.

An order to submit to a blood grouping test pursuant to G.S. 8-50.1 is interlocutory. No appeal lies from an interlocutory order that does not affect a substantial right. An order to submit to a blood grouping test does not, in this case, affect a substantial right. We are, therefore, required to dismiss the appeal. Love v. Moore, 305 N.C. 575, 291 S.E. 2d 141 (1982); Bailey v. Gooding, 301 N.C. 205, 270 S.E. 2d 431 (1980).

Appeal dismissed.

Judges Hedrick and Arnold concur.