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PASOUR v. PIERCE

No. 7927SC988.

265 S.E.2d 652 (1980)

Nancy R. PASOUR v. Joseph S. PIERCE, Jr.; Robert L. Heavner; John E. Jenkins; James I. Cox; and Larry L. Brittain, Individually and d/b/a Five Star Developers; Joseph S. Pierce, Jr.; Robert L. Heavner; John E. Jenkins; James I. Cox; Larry L. Brittain; and Edward E. Stebbins, Individually and d/b/a Hospital Plaza Associates; Pierce, Heavner & Jenkins Builders, Inc.; and The City of Gastonia, North Carolina.

Court of Appeals of North Carolina.

May 6, 1980.

Attorney(s) appearing for the Case

Harris & Bumgardner by R. Dennis Lorance, Gastonia, for plaintiff-appellant.

City Atty. Henry M. Whitesides and Asst. City Atty. Thomas C. Pollard, Gastonia, for defendant-appellee City of Gastonia.

HEDRICK, Judge.

Ordinarily, the allowance of a motion to dismiss is immediately appealable. This case, however, obviously involves multiple defendants, and the Order granting the City's motion to dismiss purports to dispose of the case as to that defendant only. G.S. § 1A-1, Rule 54(b), provides in pertinent part:

Judgment upon multiple claims or involving multiple parties.—When more than one claim for relief is presented in an action,...

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