CUNNINGHAM v. BROWN

No. 801SC475.

276 S.E.2d 718 (1981)

Lance R. CUNNINGHAM and wife, Pamela H. Cunningham v. Louise Johnson BROWN.

Court of Appeals of North Carolina.

April 7, 1981.


Attorney(s) appearing for the Case

Twiford, Trimpi, Thompson & Derrick by C. Everett Thompson, Elizabeth City, for plaintiff-appellant.

Leroy, Wells, Shaw, Hornthal, Riley & Shearin by L. P. Hornthal, Jr., Elizabeth City, for defendant-appellee.


WHICHARD, Judge.

We note initially that the court's order adjudicates fewer than all of the claims and adjudicates the rights and liabilities of fewer than all of the parties. Although defendant does not raise the issue of appealability, the appellate court should dismiss the appeal on its own motion if plaintiff-wife has no right to appeal. Waters v. Personnel, Inc., 294 N.C. 200, 240 S.E.2d 388 (1978). An order which adjudicates fewer than all the claims...

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