Byrne v. Bordeaux

WELLS, Judge.

The judgment below not being final as to all claims and all parties, see N.C. Gen. Stat. § 1A-1, Rule 54(b) of the Rules of Civil Procedure, the first question we must determine is whether the trial court’s judgment dismissing plaintiff s punitive damage claim against Winfred Bordeaux is immediately appealable. Pursuant to the rule established in Oestreicher v. Stores, 290 N.C. 118, 225 S.E. 2d 797 (1976), we hold that plaintiff has a substantial right to have all of her claims for relief tried at the same time before the same judge and jury, and therefore allow this appeal.

Plaint…