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ATKINS v. BEASLEY

No. 8021SC700.

279 S.E.2d 866 (1981)

C. S. ATKINS and wife, Magalene Atkins, and James W. Hoots and wife, Lois Hoots, Plaintiffs, v. William F. BEASLEY and wife, Virginia Beasley, Alvin R. Reid and wife, Janie D. Reid, B. A. Slate and R. L. Johnson, Defendants.

Court of Appeals of North Carolina.

July 7, 1981.

Attorney(s) appearing for the Case

Craige, Brawley, Liipfert & Ross, by C. Thomas Ross and Terrie A. Davis, Winston-Salem, for plaintiffs-appellees.

Badgett, Calaway, Phillips, Davis, Stephens, Peed & Brown by Chester C. Davis, Winston-Salem, for defendant-appellant B. A. Slate.

Womble, Carlyle, Sandridge, & Rice by Allan R. Gitter and James M. Stanley, Jr., Winston-Salem, for defendants-appellants Alvin R. and Janie D. Reid.

William Z. Wood, Jr., Winston-Salem, for defendants-appellants William F. and Virginia Beasley.

ROBERT M. MARTIN, Judge.

The threshold question which we must consider, although not argued by the parties in their briefs, is whether an appeal lies from Judge McConnell's entry of partial summary judgment in plaintiffs' favor. If this is a fragmentary, and therefore premature, appeal, we must dismiss the appeal ex mero motu. Bailey v. Gooding, 301 N.C. 205,

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