Shelton v. Fairley

WELLS, Judge.

As the judgment below is not final as to all claims and all parties, see N.C. Gen. Stat. § 1A-1, Rule 54(b) of the Rules of Civil Procedure, our first question is whether the trial court’s judgment dismissing plaintiffs’ claims of punitive damages against all defendants and dismissing claims against the former law partners for the acts of Mr. Fairley in his capacity as executor of the estate are immediately appealable. Pursuant to the rule established in Oestreicher v. Stores, 290 N.C. 118, 225 S.E. 2d 797 (1976), we find that plaintiffs have a substantial right to have all of…