City of Winston-Salem v. Ferrell

WHICHARD, Judge.

I

We note that the order is interlocutory in two respects:

First, the issue of damages remains unresolved. The determination of liability nevertheless is immediately appealable. Highway Commission v. Nuckles, 271 N.C. 1, 13-14, 155 S.E. 2d 772, 783 (1967).

Second, the court failed to rule on the City’s third-party complaint against the contractor. As the judgment adjudicates “fewer than all the claims or the rights and liabilities of fewer than all the parties,” and fails to state that the judgment is final or that there is no just reason for delay in accordance with N.C. Gen.…