There is generally no right to appeal an interlocutory order. 75 N.C. App. However, there are two avenues by which a party may immediately appeal an interlocutory order or judgment. First, if the order or judgment is final as to some but not all of the claims or parties, and the trial court certifies the case for appeal pursuant to N.C. Gen. Stat. Second, an appeal is permitted under N.C. Gen. Stat.
Defendants cite no authority for the proposition that denial of a stay is appealable.
We find no such authority in North Carolina. We do, however, find caselaw in other jurisdictions holding that the denial of a stay is not immediately appealable. The denial of defendants' motions for stay did not dispose of any of the claims or parties, and the trial court did not and could not certify the case for immediate appeal pursuant to N. C. Gen. Stat. Therefore, defendants must show that the trial court's decision deprives them of a substantial right which will be lost absent immediate review. Defendants argue that they have the right to appeal from the interlocutory order, because the result of the federal appeal will have a preclusive effect in the state case under the doctrine of res judicata.