Hill Truck Rentals, Inc. v. Hubler Rentals, Inc.

BRITT, Judge.

Defendant contends the court erred in rendering partial summary judgment for plaintiff. We hold that summary judgment was proper as to plaintiff’s claim for rent for vehicle number 8100, but that the court erred in entering summary judgment as to the claim for rent of vehicle number 8101.

G.S. 1A-1, Rule 56(d) allows the trial court to grant a partial summary judgment. In this case the partial summary judgment entered was final, therefore, defendant had a right to appeal.

The complaint clearly alleged two separate claims, one for rent due on vehicle number 8100 and the other for…