Legal Opinion

McRae v. Moore

Court of Appeals of North Carolina

Decided May 19, 1976No. 7613DC1Published

1Opinion of the Court

HEDRICK, Judge.

The court made no adjudication of defendants’ counterclaim for damages allegedly resulting because plaintiffs filed a lis pendens on the property after the expiration of the option, which prevented defendants “from selling their property or from using it as collateral to obtain money badly needed in their business affairs.” Thus, the judgment from which plaintiffs appeal adjudicates fewer than all the claims of the parties.

Since the trial court made no determination that “there is no just reason for delay,” the judgment “does not terminate the *509action as to any of the claims,”…

2Cases cited3 opinions

  1. Arnold v. HowardCourt of Appeals of North Carolina · 1974
  2. NYTCO LEASING, INC. v. Dan-Cleve CorporationCourt of Appeals of North Carolina · 1975
  3. Durham v. CreechCourt of Appeals of North Carolina · 1975

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