Crow v. CITICORP ACCEPTANCE CO., INC.

HEDRICK, Chief Judge.

The first issue raised by this appeal is whether it should be dismissed as premature. The order dismissing the class action does not determine the controversy and is interlocutory. However, the order affects a substantial right of the unnamed plaintiffs and is immediately appealable. Perry v. Cullipher, 69 N.C. App. 761, 318 S.E. 2d 354 (1984).

In English v. Realty Corp., 41 N.C. App. 1, 254 S.E. 2d 223, disc. rev. denied, 297 N.C. 609, 257 S.E. 2d 217 (1979), we set out six requirements for class actions under G.S. 1A-1, Rule 23(a).

These requirements are:

1. The existence…