Hooper v. C. M. Steel, Inc.

PARKER, Judge.

As a preliminary matter, we note that the entry of summary judgment for fewer than all the defendants is not a final judgment and may not be appealed in the absence of certification pursuant to Rule 54(b) of the N.C. Rules of Civil Procedure unless the entry of summary judgment affected a substantial right. G.S. 1-277, 7A-27(d); Bernick v. Jurden, 306 N.C. 435, 438-39, 293 S.E. 2d 405, 408 (1982). In the present case, plaintiffs have a substantial right to have the liability of both defendants determined in the same trial in order to avoid the possibility of inconsistent…