Legal Opinion · Concurrence

Borg-Warner Acceptance Corp. v. Johnston

Court of Appeals of North Carolina

Decided March 20, 1990No. 8926SC830Published

1Concurrence

Judge COZORT

concurring.

The trial court granted partial summary judgment and left for trial the issues of (1) the fair market value of the personal property sold to P. S. Investment Company, Inc.; and (2) the amount of money damages, if any, plaintiff is entitled to recover. In Schuch v. Hoke, 82 N.C. App. 445, 346 S.E.2d 313 (1986), this Court held that a partial summary judgment order which establishes liability and reserves for trial the issue of damages is an interlocutory order not immediately appealable. See also Tridyn Industries v. American Mut. Ins. Co., 296 N.C. 486, 251 S.E.2d 443…

2Cases cited2 opinions

  1. Tridyn Industries, Inc. v. American Mutual InsuranceSupreme Court of North Carolina · 1979
  2. Schuch v. HokeCourt of Appeals of North Carolina · 1986

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