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NYTCO LEASING, INC. v. DAN-CLEVE CORPORATION

No. 7410SC874.

212 S.E.2d 41 (1975)

25 N.C. App. 18

NYTCO LEASING, INC., Plaintiff, v. DAN-CLEVE CORPORATION et al., Defendants-Appellants, v. SOUTHEASTERN MOTEL CORPORATION, Third-Party Defendant.

Court of Appeals of North Carolina.

Certiorari Allowed May 6, 1975.

Attorney(s) appearing for the Case

Sanford, Cannon, Adams & McCullough by John Q. Beard, E. D. Gaskins, Jr., H. Hugh Stevens, Jr., and Daniel T. Blue, Jr., Raleigh, for plaintiff-appellee.

Vaughn S. Winborne and Ellis Nassif, Raleigh, for defendants-appellant.

Certiorari Allowed by Supreme Court May 6, 1975.

BROCK, Chief Judge.

Although neither party has raised the question, it is clear that the judgment from which the original defendants purport to appeal adjudicates "the rights and liabilities of fewer than all the parties" and contains no determination by the trial judge that "there is no just reason for delay" within the language of Rule 54(b) of the North Carolina Rules of Civil Procedure. Rule 54(b) provides...

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