Watson Electrical Construction Co. v. City of Winston-Salem

WELLS, Judge.

We note initially that this appeal is interlocutory as the judgment below did not resolve all disputes between all parties. However, it is our opinion that the appellants have a substantial right to have all their viable claims for relief heard by the same judge and jury, and therefore, we exercise our discretion to hear the appeals on their merits. Hoke v. E.F. Hutton and Co., 91 N.C. App. 159, 370 S.E.2d 857 (1988).

Both plaintiff and defendant P.J. Dick assign as error the trial court’s granting of summary judgment in favor of the City. Summary judgment is proper where there is…