Raynor v. Mutual of Omaha

MARTIN, Judge.

“A party against whom a claim ... is asserted . . . , may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof.” G.S. 1A-1, Rule 56 (b). In the present case the trial court granted summary judgment against that part of plaintiff’s case which sought punitive damages.

The preliminary question arises as to whether this “partial summary judgment” is appealable.

“When more than one claim for relief is presented in an action, whether as a claim, counterclaim, crossclaim, or *574third-party claim, or when multiple parties…