Legal Opinion

Dalton Moran Shook Inc. v. Pitt Development Co.

Court of Appeals of North Carolina

Decided March 1, 1994No. 923SC1272PublishedCited by 10 opinions

1Opinion of the Court

MARTIN, Judge.

I

Defendants have moved to dismiss plaintiffs appeal on the grounds that it is from an interlocutory order and is premature. Where an order of summary judgment disposes of fewer than all claims between all parties the order is interlocutory and, ordinarily, is not immediately appealable. Love v. Moore, 305 N.C. 575, 578, 291 S.E.2d 141, 144 (1982); Veazy v. Durham, 231 N.C. 357, 57 S.E.2d 377, reh’g denied, 232 N.C. 744, 59 S.E.2d 429 (1950). The trial court’s summary judgment in this case is an interlocutory order because it only disposed of plaintiff’s claims against defendants…

2Cases cited16 opinions

  1. Veazey v. City of DurhamSupreme Court of North Carolina · 1950
  2. Green Ex Rel. Downs v. Duke Power Co.Supreme Court of North Carolina · 1982
  3. Tridyn Industries, Inc. v. American Mutual InsuranceSupreme Court of North Carolina · 1979
  4. Veazey v. City of DurhamSupreme Court of North Carolina · 1950
  5. Mills v. MooreSupreme Court of North Carolina · 1982

11 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Phillips v. Restaurant Management of Carolina, L.P.Court of Appeals of North Carolina · 2001
  2. Allen v. Sea Gate Ass'n, Inc.Court of Appeals of North Carolina · 1995
  3. Capps v. NW Sign Industries of North Carolina, Inc.Court of Appeals of North Carolina · 2005
  4. West Durham Lumber Company v. MeadowsCourt of Appeals of North Carolina · 2006
  5. RSN Properties, Inc. v. JonesCourt of Appeals of North Carolina · 2005

5 more not listed; retrieve them via the Exa API.

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