BLUE RIDGE SPORTCYCLE CO., INC. v. Schroader

CLARK, Judge.

The threshold question before this Court, though not argued by either party, is whether an appeal lies from the summary judgment for the defendant Winner. It is established that if an appealing party has no right of appeal, an appellate court on its own motion, should dismiss the appeal even though the question of ap-pealability has not been raised by the parties themselves. Bailey v. Gooding, 301 N.C. 205, 270 S.E. 2d 431 (1980); Dickey v. Herbin, 250 N.C. 321, 108 S.E. 2d 632 (1959); Rogers v. Brantley, 244 N.C. 744, 94 S.E. 2d 896 (1956).

In a multiple claim or multiple party…