MILLER v. HENDERSON

No. 842SC168.

322 S.E.2d 594 (1984)

Georgia MILLER v. James E. HENDERSON, Individually and as Principal of Chocowinity High School; Clifton E. Toler, Jr., Individually and as Superintendent of Beaufort County Schools; William E. Jefferson, Individually and as Chairman of the Beaufort County Board of Education; James R. Raper, Hassell Respass, Charles R. Smith, Jr., and Gary Jordan, Individually and as members of the Beaufort County Board of Education.

Court of Appeals of North Carolina.

November 20, 1984.


Attorney(s) appearing for the Case

Willis A. Talton, Greenville, for plaintiff-appellant.

Tharrington, Smith & Hargrove by Richard A. Schwartz and Ann L. Majestic, Raleigh, for defendants-appellees.


HILL, Judge.

Although not raised by defendant appellees, the first issue we must address is whether plaintiff's appeal is premature. Since the orders appealed from adjudicated the rights and liabilities of fewer than all the parties and did not contain a certification by the trial court pursuant to G.S. 1A-1, Rule 54(b), that there was "no just reason for delay," plaintiff's appeal is premature unless the orders affected a substantial right and will work an injury...

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