Briggs v. Mid-State Oil Co.

CLARK, Judge.

The first issue this Court must deal with is whether plaintiffs’ appeal at this time is premature. Defendant asserts that it is premature because no substantial right of plaintiffs was affected, G.S. 1-277, because there was no judgment on all of the claims, and because the trial court did not enter a final judgment, as required by G.S. 1A-1, Rule 54(b), by determining that there is no just reason for delay. Because of the Supreme Court opinion in Oestreicher v. Stores, 290 N.C. 118, 225 S.E. 2d 797 (1976), we are compelled to reject defendant’s argument.

G.S. 1A-1, Rule 54(b)…