Pasour v. Pierce

HEDRICK, Judge.

Ordinarily, the allowance of a motion to dismiss is immediately appealable. This case, however, obviously involves multiple defendants, and the Order granting the City’s motion to dismiss purports to dispose of the case as to that defendant only. G.S. § 1A-1, Rule 54(b), provides in pertinent part:

Judgment upon multiple claims or involving multiple parties. — When more than one claim for relief is presented in an action, ... or when multiple parties are involved, the court may enter a final judgment as to one or more but fewer than all of the claims or parties only if there is…