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STATE HIGHWAY COM'N v. CAPE

No. 8030SC138.

270 S.E.2d 555 (1980)

STATE HIGHWAY COMMISSION, Plaintiff, v. C. W. CAPE and wife, Creola Cape; Nancy Virginia Cape Green and husband, T. F. Green, Defendants.

Court of Appeals of North Carolina.

October 7, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Senior Deputy Atty. Gen. R. Bruce White, Jr., Raleigh, and Asst. Atty. Gen. Guy A. Hamlin, Asheville, for the State.

Snyder, Leonard, Biggers & Dodd by Keith S. Snyder, William T. Biggers and Gary Dodd, Asheville, for defendants-appellants.

CLARK, Judge.

The defendant asserts that the trial court erred in treating the consolidated cases as one case and the two separate tracts as one tract of land. We agree.

It was error for the trial judge to sign and enter the judgment when the issue of just compensation due for each of the tracts had not been finally adjudicated and determined. Our Supreme Court comments:

"`Can the court, by consent, enter a fragmentary judgment settling a part of...

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