Whalehead Properties v. Coastland Corp.

Court of Appeals of North Carolina

Whalehead Properties v. Coastland Corp.

256 S.E.2d 284, 42 N.C. App. 198, 1979 N.C. App. LEXIS 2797

CourtCourt of Appeals of North Carolina

DecidedJuly 3, 1979

DocketNo. 781SC933

StatusPublished

Cited by1 cases

This text of 256 S.E.2d 284 (Whalehead Properties v. Coastland Corp.) 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

Whalehead Properties v. Coastland Corp., 256 S.E.2d 284, 42 N.C. App. 198, 1979 N.C. App. LEXIS 2797 (N.C. Ct. App. 1979).

Pincite

Opinion

HEDRICK, Judge.

The present case is indistinguishable from Tridyn Industries, Inc. v. American Mutual Insurance Company, 296 N.C. 486, 251 S.E. 2d 443 (1979), where our Supreme Court declared that an appeal from an order granting partial summary judgment on the issue of liability, reserving for trial the issue of damages, is interlocutory and must be dismissed. Justice Exum, writing for a unanimous Court, noted that Rule 56(c) of the Rules of Civil Procedure, which authorizes a summary judgment on the issue of [202]*202liability alone, specifically provides that such a judgment is “interlocutory in character.” “This case should be reviewed, if at all, in its entirety and not piecemeal.” Tridyn Industries, Inc. v. American Mutual Insurance Company, supra, at 494, 251 S.E. 2d at 449.

Dismissed.

Judges Vaughn and Arnold concur.

Free access — add to your briefcase to read the full text and ask questions with AI

HEDRICK, Judge.

The present case is indistinguishable from Tridyn Industries, Inc. v. American Mutual Insurance Company, 296 N.C. 486, 251 S.E. 2d 443 (1979), where our Supreme Court declared that an appeal from an order granting partial summary judgment on the issue of liability, reserving for trial the issue of damages, is interlocutory and must be dismissed. Justice Exum, writing for a unanimous Court, noted that Rule 56(c) of the Rules of Civil Procedure, which authorizes a summary judgment on the issue of [202]*202liability alone, specifically provides that such a judgment is “interlocutory in character.” “This case should be reviewed, if at all, in its entirety and not piecemeal.” Tridyn Industries, Inc. v. American Mutual Insurance Company, supra, at 494, 251 S.E. 2d at 449.

Dismissed.

Judges Vaughn and Arnold concur.

Cite This Page — Counsel Stack

Bluebook (online)

256 S.E.2d 284, 42 N.C. App. 198, 1979 N.C. App. LEXIS 2797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whalehead-properties-v-coastland-corp-ncctapp-1979.

Opinion

Related

Cite This Page — Counsel Stack