Nasco Equipment Co. v. Mason
Supreme Court of North Carolina
1Opinion of the Court
EXUM, Justice.
The Court of Appeals dismissed plaintiff’s appeal on the ground that the judgment appealed from “adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties” without determining that there is “no just reason for delay” as required by General Statute 1A-1, Rule 54(b). Since plaintiff asserted a right of appeal under General Statutes 1-277 and 7A-27, the first issue in the case is whether a partial summary judgment which “affects a substantial right” but which fails to satisfy certain requirements for appeal under Rule 54(b) is nevertheless…
2Cases cited13 opinions
- Kessing v. National Mortgage CorporationSupreme Court of North Carolina · 1971
- Kidd v. EarlySupreme Court of North Carolina · 1976
- Caldwell v. DeeseSupreme Court of North Carolina · 1975
- Newton v. Standard Fire InsuranceSupreme Court of North Carolina · 1976
- Oestreicher v. American National Stores, Inc.Supreme Court of North Carolina · 1976
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3Cited by61 opinions
- Dobson v. HarrisSupreme Court of North Carolina · 2000
- Lowe v. BradfordSupreme Court of North Carolina · 1982
- Tridyn Industries, Inc. v. American Mutual InsuranceSupreme Court of North Carolina · 1979
- J & B Slurry Seal Co. v. Mid-South Aviation, Inc.Court of Appeals of North Carolina · 1987
- Slade v. VernonCourt of Appeals of North Carolina · 1993
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