Beach v. Felton

Court of Appeals of North Carolina

Beach v. Felton

219 S.E.2d 287, 27 N.C. App. 334, 1975 N.C. App. LEXIS 1838

CourtCourt of Appeals of North Carolina

DecidedNovember 5, 1975

DocketNo. 7524SC546

StatusPublished

Cited by1 cases

This text of 219 S.E.2d 287 (Beach v. Felton) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beach v. Felton, 219 S.E.2d 287, 27 N.C. App. 334, 1975 N.C. App. LEXIS 1838 (N.C. Ct. App. 1975).

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Opinion

PARKER, Judge.

The summary judgment from which plaintiff attempts to appeal does not adjudicate the rights and liabilities of all the parties. It contains no determination by the trial judge that “there is no just reason for delay.” Therefore, this is not a final judgment and is not presently “subject to review either by appeal or otherwise.” G.S. 1A-1, Rule 54 (b) ; Leasing, Inc. v. Dan-Cleve Corp., 25 N.C. App. 18, 212 S.E. 2d 41 (1975), cert. [335]*335denied, 288 N.C. 241 (1975) ; Arnold v. Howard, 24 N.C. App. 255, 210 S.E. 2d 492 (1974).

Appeal dismissed.

Judges Morris and Martin concur.

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PARKER, Judge.

The summary judgment from which plaintiff attempts to appeal does not adjudicate the rights and liabilities of all the parties. It contains no determination by the trial judge that “there is no just reason for delay.” Therefore, this is not a final judgment and is not presently “subject to review either by appeal or otherwise.” G.S. 1A-1, Rule 54 (b) ; Leasing, Inc. v. Dan-Cleve Corp., 25 N.C. App. 18, 212 S.E. 2d 41 (1975), cert. [335]*335denied, 288 N.C. 241 (1975) ; Arnold v. Howard, 24 N.C. App. 255, 210 S.E. 2d 492 (1974).

Appeal dismissed.

Judges Morris and Martin concur.

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Bluebook (online)

219 S.E.2d 287, 27 N.C. App. 334, 1975 N.C. App. LEXIS 1838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beach-v-felton-ncctapp-1975.

Opinion

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