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ALFORD v. SHAW

No. 8426SC371.

324 S.E.2d 878 (1985)

Frank O. ALFORD, Wilkie P. Beatty, as Executrix of the Estate of Paul B. Beatty, Carson Insurance Agency, Inc., Patricia A. Edlund, Stanley Edlund, James M. Gilfillin, Larry G. Goldberg, Raquel T. Goldberg, Betty F. Rhyne, Robert R. Rhyne and Norman V. Swenson, derivatively in the right of All American Assurance Company, Plaintiffs, v. Robert T. SHAW, American Commonwealth Financial Corporation, Great Commonwealth Life Insurance Company, ICH Corporation, Charles E. Black, S.J. Campisi, Roy J. Broussard, Truman D. Cox, Fred M. Hurst, C. Fred Rice and Peggy P. Wiley, Defendants, and All American Assurance Company, Beneficial Party.

Court of Appeals of North Carolina.

February 5, 1985.

Attorney(s) appearing for the Case

Cansler & Lockhart, P.A. by Thomas Ashe Lockhart and Bruce M. Simpson, Charlotte, for plaintiff.

Adams, Kleemeier, Hagan, Hannah & Fouts by Daniel W. Fouts and Bruce H. Connors, Greensboro, for defendants Black, Broussard, Campisi, Cox, Hurst and Wiley.

Petree, Stockton, Robinson, Vaughn, Glaze & Maready by R.M. Stockton, Jr. and Daniel R. Taylor, Jr., Winston-Salem, for All American Assur. Co.

WELLS, Judge.

None of the parties raises the issue, but we must first address the appealability of the judgment. In re Watson, 70 N.C. App. 120, 318 S.E.2d 544 (1984). The summary judgment disposed of fewer than all parties, leaving the Shaw group nominally in the action, and the court did not certify that there was no just reason for delay. See N.C.Gen.Stat. § 1A-1, Rule 54(b) of the Rules of Civil Procedure...

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