Johnston County v. McCormick

WELLS, Judge.

The threshold issue we must decide in this case is whether plaintiffs appeal is premature. Since summary judgment was allowed for fewer than all defendants and the trial court’s judgment did not contain a certification pursuant to G.S. § 1A-1, Rule 54(b) of the Rules of Civil Procedure that there was “no just reason for delay,” plaintiffs appeal is premature unless the summary judgment for defendant Farm Bureau affected a substantial right under G.S. § l-277(a) and G.S. § 7A-27(d)(l). For reasons which will be stated in this opinion, we hold that a substantial right of plaintiff…