Legal Opinion

Fraser v. Di Santi

Court of Appeals of North Carolina

Decided July 2, 1985No. 8424SC1235PublishedCited by 37 opinions

1Opinion of the Court

EAGLES, Judge.

Defendants purport to bring forth two assignments of error on appeal: (1) the trial court erred in denying defendants’ motions to dismiss for failure to bring the action in the name of the real party in interest and failure to join a necessary party and (2) the trial court erred in denying defendants’ motion for summary judgment.

An appeal does not lie from an interlocutory order unless the order affects some substantial right claimed by the appellant and will work an injury to him if not corrected before an appeal from the final judgment. Veazey v. Durham, 231 N.C. 357, 57 S.E.…

2Cases cited5 opinions

  1. Veazey v. City of DurhamSupreme Court of North Carolina · 1950
  2. Waters v. Qualified Personnel, Inc.Supreme Court of North Carolina · 1978
  3. Godley Auction Co., Inc. v. MyersCourt of Appeals of North Carolina · 1979
  4. Hill v. SmithCourt of Appeals of North Carolina · 1978
  5. Cook v. Export Leaf Tobacco Co.Court of Appeals of North Carolina · 1980

3Cited by37 opinions

  1. Jeffreys v. Raleigh Oaks Joint VentureCourt of Appeals of North Carolina · 1994
  2. First Atlantic Management, Corp. v. Dunlea Realty, Co.Court of Appeals of North Carolina · 1998
  3. North Carolina Department of Transportation v. PageCourt of Appeals of North Carolina · 1995
  4. Bob Timberlake Collection, Inc. v. EdwardsCourt of Appeals of North Carolina · 2006
  5. Country Club of Johnston County, Inc. v. United States Fidelity & Guaranty Co.Court of Appeals of North Carolina · 1999

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