Christopher v. BRUCE-TERMINIX COMPANY

216 S.E.2d 375, 26 N.C. App. 520, 1975 N.C. App. LEXIS 2098

• Court: Court of Appeals of North Carolina
• Decided: July 2, 1975
• Docket: 7515SC205
• Status: Published

Opinion

ARNOLD, Judge.

Rule 5.4 of the North Carolina Rules of Civil, Procedure provides in part:

“.(b) .Judgment upon- multiple claims or involving -multiple parties. — When more-than one claim for relief is 'presented in ah action,; whether as a claim, counterclaim, crosscíainí, or third-party claim, or when multiple' parties are-:involved,, the court: may enter a. final Judgment .as to one or more but fewer than all of the claims or parties only if there is no just reason for delay' and' it is so determined in: the judgment'. Such judgment.-shall'then be subject to review by appeal or as'otherwise "provided by these rules or other statutes. In the . absence, of entry of such a final ‘judgment, any order or other form of decision," however designated, which adjudicates fewer than all the claims or the rights and liabilities of fewer- than all the parties shall not terminate the action as to any of the claims or., parties and shall not then be subject to review either by áppeal or otherwise except as expressly provided by these rules or /.other statutes. Similarly, in the.absence of entry of such a - final-judgment, any order or'other form of. decision is subject to revision .at-.any- timé before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties^”

The judgment dismissing plaintiff’s claim against Bruce-Terminix adjudicates “the rights, and liabilities of fewer than all the parties” and* contains no determination that “there is no just reason for delay.” It therefore is not a-final judgment'.and is not appealable.. See Leasing, Inc. v. Dan-Cleve Corp., 25 N.C. App. 18, 212 S.E. 2d 41 (1975) ; Arnold v. Howard, 24 N.C. App. 255, 210 S.E. 2d 492 (1974). Plaintiff’s appeal is

Dismissed.

Judges Martin and Clark concur.