Barker v. Agee

PARKER, Judge.

At the outset, we note that the order which is the subject of this appeal did not resolve defendants’ third-party action against the Bank. Therefore, the order was not a final judgment as to all claims and parties. Because the trial court did not make a finding that there was no just reason for delay under Rule 54(b) of the N.C. Rules of Civil Procedure, this appeal is interlocutory and normally would be subject to dismissal unless the order affected a substantial right as provided by G.S. 1-277 and G.S. 7A-27(d). Sportcycle Co. v. Schroader, 53 N.C. App. 354, 356, 280 S.E. 2d…