International Harvester Credit Corp. v. Bowman

HEDRICK, Judge.

We note at the outset that defendants’ appeal is from an order “which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties” and is thus premature. N.C. Gen. Stat. Sec. 1A-1, Rule 54(b), North Carolina Rules of Civil Procedure. Nevertheless, we choose to exercise our discretion to pass on the merits of defendants’ appeal.

The thrust of defendants’ argument on appeal is that summary judgment was inappropriate because of the existence of “multiple genuine issues of material fact” raised by the pleadings and supporting documents…