An appeal lies from the granting of a nonsuit since it is final.  The granting of a nonsuit is appealable even where the nonsuit is granted without prejudice to the filing of another action.  However, denial of a motion for nonsuit is interlocutory in character and therefore not directly appealable.  Such denials can be appealed after final judgment in the case.

In Kelly v. Great Atlantic & Pacific Tea Co., 86 F.2d 296, 297 (4th Cir. N.C. 1936), the court held that “whether or not an appeal lies from a voluntary nonsuit is a matter of appellate practice, as to which the Conformity Act does not govern, and that in the federal courts no appeal lies from such voluntary order, whether taken upon a ruling determinative of the rights of the parties or not.”