SWINDELL v. OVERTON

No. 822SC283.

302 S.E.2d 841 (1983)

Roger SWINDELL and Wife Betty L. Swindell v. Larry OVERTON, Substitute Trustee, Thomas Edison Cahoon and wife, Julia Jones Cahoon, Walter G. Credle and wife, Donna S. Credle.

Court of Appeals of North Carolina.

May 17, 1983.


Attorney(s) appearing for the Case

J. Michael Weeks, P.A. by William H. Bingham, Jr., Zebulon, for plaintiffs-appellants.

Cherry, Cherry & Flythe by Thomas L. Cherry and Joseph J. Flythe, Ahoskie, for defendant-appellee Overton.

Geo. Thomas Davis, Jr., Davis & Davis, Swan Quarter, for defendants-appellees Credle.

Taylor & McLean by Mitchell S. McLean, Ahoskie, for defendants-appellees Cahoon.


WELLS, Judge.

Although not raised by appellees, the first issue we must address is whether this appeal is premature. G.S. 1A-1, Rule 54(b) of the Rules of Civil Procedure provides:

Judgment upon multiple claims or involving multiple parties. When more than one claim for relief is presented in an action, whether as a claim, counterclaim, crossclaim, or third-party claim, or when multiple parties are involved, the court may enter a...

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