Florek v. Borror Realty Co.

SMITH, Judge.

The threshold issue before us is whether plaintiffs’ appeal is interlocutory and thus not properly before this Court. “It is well established that the entry of summary judgment for fewer than all defendants is not a final judgment and is not immediately appealable unless it affects a substantial right or is certified pursuant to N.C. Gen. Stat. § 1A-1, Rule 54(b) (1990).” Long v. Giles, 123 N.C. App. 150, 152, 472 S.E.2d 374, 375 (1996). Our Supreme Court has held that a grant of summary judgment as to fewer than all of the defendants affects a substantial right when there is the…