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FALCONE v. JUDA

No. 8414SC424.

323 S.E.2d 60 (1984)

Joseph J. FALCONE and Wife, Katherine Diane J. Falcone v. Edwin JUDA and Wife, Lillian M. Juda.

Court of Appeals of North Carolina.

December 18, 1984.

Attorney(s) appearing for the Case

Harriss, Embree & Marion by Joseph W. Marion, Durham, for plaintiffs-appellees.

Cooper, Williams & Bryan, P.A. by James T. Bryan, III, Chapel Hill, for defendants-appellants.

VAUGHN, Chief Judge.

The order, which granted summary judgment on plaintiffs' claim, is not a final judgment, but is interlocutory, as defendants' counterclaims remain to be adjudicated. Although an appeal does not customarily lie from an interlocutory order, an exception is made if such order deprives the appellant of a substantial right which will be lost if the ruling is not reviewed before final judgment. Waters v. Personnel, Inc., 294 N.C. 200,

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