Oestreicher v. American National Stores, Inc.

Court of Appeals of North Carolina

Oestreicher v. American National Stores, Inc.

219 S.E.2d 303, 27 N.C. App. 330

Court of Appeals of North Carolina·Decided January 6, 1976·No. 7519SC522·Published·Cited by 2 cases

Opinion

PARKER, Judge.

The judgment from which appeal is attempted adjudicates fewer than all of the claims asserted. It contains no determination by the trial judge that “there is no just reaason for delay.” *331 The judgment is not final and not presently “subject to review either by appeal or otherwise.” G.S. 1A-1, Rule 54(b) ; Raynor v. Mutual of Omaha, 24 N.C. App. 573, 211 S.E. 2d 458 (1975) ; Leasing, Inc. v. Dan-Cleve Corp., 25 N.C. App. 18, 212 S.E. 2d 41 (1975), cert. denied, 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 judgment from which appeal is attempted adjudicates fewer than all of the claims asserted. It contains no determination by the trial judge that “there is no just reaason for delay.” *331 The judgment is not final and not presently “subject to review either by appeal or otherwise.” G.S. 1A-1, Rule 54(b) ; Raynor v. Mutual of Omaha, 24 N.C. App. 573, 211 S.E. 2d 458 (1975) ; Leasing, Inc. v. Dan-Cleve Corp., 25 N.C. App. 18, 212 S.E. 2d 41 (1975), cert. denied, 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.

Oestreicher v. American National Stores, Inc., 219 S.E.2d 303, 27 N.C. App. 330 (N.C. Ct. App. 1976).

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Opinion

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