Routh v. Weaver

HEDRICK, Judge.

At the outset we note that defendant filed a counterclaim that has not been disposed of in the trial court. This appeal is thus premature and subject to dismissal because it is from an order which adjudicates fewer than all of the claims of the parties. North Carolina Rules of Civil Procedure, Rule 54(b). We note as well that an order imposing sanctions is ordinarily interlocutory. Nevertheless, we choose to exercise our discretion and pass on the merits of defendant’s appeal from the default judgment imposed as a sanction for defendant’s failure to comply with the order for…