Alford v. Shaw

WELLS, Judge.

None of the parties raises the issue, but we must first address the appealability of the judgment. In re Watson, 70 N.C. App. 120, 318 S.E. 2d 544 (1984). The summary judgment disposed of fewer than all parties, leaving the Shaw group nominally in the action, and the court did not certify that there was no just reason for delay. See N.C. Gen. Stat. § 1A-1, Rule 54(b) of the Rules of Civil Procedure (1983). Since the unresolved claim against the Shaw group is also a derivative claim, whether or not the order was technically interlocutory it did in fact effectively terminate…