Henredon Furniture Industries, Inc. v. SOUTHERN RAILWAY COMPANY

Court of Appeals of North Carolina

Henredon Furniture Industries, Inc. v. SOUTHERN RAILWAY COMPANY

219 S.E.2d 238, 27 N.C. App. 331, 1975 N.C. App. LEXIS 1836

Court of Appeals of North Carolina·Decided November 5, 1975·No. 7525SC496·Published·Cited by 2 cases

Opinion

ARNOLD, Judge.

North Carolina case law provides that, although an insurer who has paid part of insured’s claim “has a direct and appreciable interest in the subject matter of the action” brought by-insured against tortfeasor, Burgess v. Trevathan, 236 N.C. 157, 161, 72 S.E. 2d 231, 234 (1952), the insurer is not a necessary party to the action, but only a proper party. New v. Public Service Co., 270 N.C. 137, 153 S.E. 2d 870 (1967) ; University Motors, Inc. v. Durham Coca-Cola Bottling Co., 266 N.C. 251, 146 S.E. 2d 102 (1966) ; Burgess v. Trevathan, supra. The addition of parties where they are not necessary is a matter within the trial court’s discretion, and the judge’s order refusing to join additional parties is not ordinarily reviewable. New v. Service Co., supra; Corbett v. Corbett, 249 N.C. 585, 107 S.E. 2d 165 (1959) ; Guthrie v. City of Durham, 168 N.C. 573, 84 S.E. 859 (1915). Defendant has not shown how the interlocutory order appealed from deprives it of any “substantial right.” G.S. 1-277. See Funderburk v. Justice, 25 N.C. App. 655, 214 S.E. 2d 310 (1975). Therefore, this appeal is premature and is dismissed.

Dismissed.

Judges Morris and Hedrick concur.

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ARNOLD, Judge.

North Carolina case law provides that, although an insurer who has paid part of insured’s claim “has a direct and appreciable interest in the subject matter of the action” brought by-insured against tortfeasor, Burgess v. Trevathan, 236 N.C. 157, 161, 72 S.E. 2d 231, 234 (1952), the insurer is not a necessary party to the action, but only a proper party. New v. Public Service Co., 270 N.C. 137, 153 S.E. 2d 870 (1967) ; University Motors, Inc. v. Durham Coca-Cola Bottling Co., 266 N.C. 251, 146 S.E. 2d 102 (1966) ; Burgess v. Trevathan, supra. The addition of parties where they are not necessary is a matter within the trial court’s discretion, and the judge’s order refusing to join additional parties is not ordinarily reviewable. New v. Service Co., supra; Corbett v. Corbett, 249 N.C. 585, 107 S.E. 2d 165 (1959) ; Guthrie v. City of Durham, 168 N.C. 573, 84 S.E. 859 (1915). Defendant has not shown how the interlocutory order appealed from deprives it of any “substantial right.” G.S. 1-277. See Funderburk v. Justice, 25 N.C. App. 655, 214 S.E. 2d 310 (1975). Therefore, this appeal is premature and is dismissed.

Dismissed.

Judges Morris and Hedrick concur.

Henredon Furniture Industries, Inc. v. SOUTHERN RAILWAY COMPANY, 219 S.E.2d 238, 27 N.C. App. 331, 1975 N.C. App. LEXIS 1836 (N.C. Ct. App. 1975).

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219 S.E.2d 238 (Henredon Furniture Industries, Inc. v. SOUTHERN RAILWAY COMPANY) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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