Cyclone Roofing Co. v. David M. LaFave Co.

JOHNSON, Judge.

This appeal is interlocutory since the Fryes’ claim against LaFave individually remains to be adjudicated. If, however, the Fryes were eventually to prevail on appeal of the claim against LaFave Co. following trial against LaFave, there is a possibility of conflicting verdicts at a second trial, especially in view of the close relationship between LaFave Co. and LaFave. Therefore, the order of 25 June 1982 affects a substantial right and is immediately appealable. G.S. 1-277; G.S. 7A-27(d); Bernick v. Jurden, 306 N.C. 435, 293 S.E. 2d 405 (1982).

By the time the demand for…