Hoke v. EF HUTTON AND CO., INC.

COZORT, Judge.

The trial court’s Order dismissing only Counts 3, 4 & 5 of plaintiffs’ Amended Complaint, not being final as to all claims, see N.C. Gen. Stat. § 1A-1, Rule 54(b) of the N.C. Rules of Civil Procedure, requires us to determine whether the trial court’s Order was immediately appealable. Given our Supreme Court’s construction of Rule 54(b) in Ostreicher v. Stores, 290 N.C. 118, 225 S.E. 2d 797 (1976) establishing the rule that a plaintiff has a substantial right to have all claims for relief tried simultaneously before the same judge and jury, we hold that plaintiffs’ appeal is…