Jones v. Clark

MORRIS, Judge.

In this case, the first question presented is whether the appeal should be dismissed as is urged by the appellee (third-party defendant). PTL asserts that the appeal does not meet the requirements of Rule 54(b) for an interlocutory appeal where final judgment is entered “as to one or more but fewer than all of the claims or parties” because the trial judge did not determine that “there is no just reason for delay”. Our Supreme Court has addressed the same issue on two occasions and has held that there is a right of appeal under G.S. 1-277 from an order granting summary judgment,…