Lewis v. City of Washington

EAGLES, Judge.

We first note that plaintiffs appeal, assigning as error the court’s grant of summary judgment in favor of defendants on plaintiffs claim for specific performance, is not interlocutory. If summary judgment as to plaintiffs claim for specific performance was improperly granted in favor of defendants, plaintiff has a “substantial right” under G.S. 7A-27(d)(l) and G.S. l-277(a) to have that claim for relief tried at the same time as the claim for monetary damages. See Briggs v. Mid-State Oil Co., 53 N.C. App. 203, 280 S.E. 2d 501 (1981).

The only issue properly before this Court is…