RAYNOR v. MUTUAL OF OMAHA

No. 746SC907.

211 S.E.2d 458 (1975)

24 N.C. App. 573

Vernon W. RAYNOR v. MUTUAL OF OMAHA.

Court of Appeals of North Carolina.

February 5, 1975.


Attorney(s) appearing for the Case

Pritchett, Cooke & Burch by William Pritchett, Jr., Windsor, for plaintiff appellant.

Jeffress, Hodges, Morris & Rochelle by A. H. Jeffress, Kinston, for defendant appellee.


MARTIN, Judge.

"A party against whom a claim... is asserted ..., may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof." G.S. § 1A-1, Rule 56(b). In the present case the trial court granted summary judgment against that part of plaintiff's case which sought punitive damages.

The preliminary question arises as to whether this "partial summary judgment" is appealable.

"When...

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