INTERN. HARVESTER CREDIT CORP. v. BOWMAN

No. 8326SC856.

316 S.E.2d 619 (1984)

INTERNATIONAL HARVESTER CREDIT CORPORATION v. Harold Roscoe BOWMAN and Barbara J. Bowman.

Court of Appeals of North Carolina.

June 19, 1984.


Attorney(s) appearing for the Case

C. Eugene McCartha, Charlotte, for plaintiff, appellee.

White & Crumpler by David R. Crawford, Winston-Salem, for defendants, appellants.


HEDRICK, Judge.

We note at the outset that defendants' appeal is from an order "which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties" and is thus premature. N.C.Gen.Stat. Sec. 1A-1, Rule 54(b), North Carolina Rules of Civil Procedure. Nevertheless, we choose to exercise our discretion to pass on the merits of defendants' appeal.

The thrust of defendants' argument on appeal is that summary judgment was inappropriate...

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