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MACE v. BRYANT CONST. CORP.

No. 7930SC248.

269 S.E.2d 191 (1980)

48 N.C. App. 297

Joe K. MACE, d/b/a Joe K. Mace Plumbing Company, Plaintiff, v. BRYANT CONSTRUCTION CORPORATION; V-Z Top, Ltd. and its general partner, David H. Head; Jack E. Bryant, Inc., Defendants, Great American Mortgage Investors; Great American Management & Investment; Great American Properties— Georgia, Inc.; Mor Prop, Incorporated; Intermont, Inc.; James P. Furniss, Trustee; Alexander R. Mehran, Trustee; Richard T. Rodgers, Trustee, Additional Defendants, and GREAT AMERICAN MORTGAGE INVESTORS; Great American Management & Investment; and Great American Properties—Georgia, Inc., Third Party Plaintiffs, v. LAWYERS TITLE INSURANCE CORPORATION and Southern Title Insurance Company, Third Party Defendants.

Court of Appeals of North Carolina.

August 19, 1980.

Attorney(s) appearing for the Case

Jones, Jones & Key, P. A. by Richard Melvin, Franklin, for plaintiff-appellant.

Siler & Philo, P. A. by Steven E. Philo, Franklin, Bennett, Kelly & Cagle, P. A. by E. Glenn Kelly, Asheville, for defendants-appellees Great American Mortgage Investors, Great American Management and Investment, Great American Properties-Georgia, Inc. and Southern Title Insurance Company.

Rodgers, Cabler & Henson by J. Edwin Henson, Highlands, for defendants-appellees Intermont, Inc. and Lawyers Title Insurance Corporation.

PARKER, Judge.

We note at the outset that although the summary judgment adjudicated fewer than all of the claims involved in this suit, the trial court found that "there [was] no just reason for delaying entry of final judgment" on the lien claim or the fraudulent conveyance claim. The judgment was final as to those claims and immediate right of appeal lies therefrom. G.S. 1A-1, Rule 54(b); see Oestreicher v. Stores, 290 N.C. 118

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