Lash ex rel. Wilson v. Lash

WELLS, Judge.

Although this case is before us on partial summary judgment, it is our opinion that plaintiff has a substantial right to have all her viable claims for relief tried simultaneously before the same judge and jury. We hold that plaintiff’s appeal is properly before us and therefore consider the appeal on its merits. Hoke v. E.F. Hutton and Co., 91 N.C. App. 159, 370 S.E.2d 857 (1988).

The essence of plaintiff’s fifth claim for relief is that due to the fraudulent procuring or offering of Alfred Lash’s purported *757will by defendant, plaintiff was required to incur the cost of a caveat…