CASE v. CASE

No. 8418DC317.

325 S.E.2d 661 (1985)

Terry E. CASE v. Harold V. CASE, Jr.

Court of Appeals of North Carolina.

February 19, 1985.


Attorney(s) appearing for the Case

Douglas, Ravenel, Hardy, Crihfield & Lung by G.S. Crihfield and James W. Lung, Greensboro, for plaintiff-appellee.

Nichols, Caffrey, Hill, Evans & Murrelle by Dolores D. Follin, Greensboro, for defendant-appellant.


JOHNSON, Judge.

Defendant assigns as error the trial court's granting of plaintiff's motion for partial summary judgment. Before we address defendant's assignment of error, we must first determine if defendant's appeal is premature at this stage of the proceedings. G.S. 1A-1, Rule 56(d) clearly contemplates that summary judgment may be entered upon less than the whole case and that the court may make a summary adjudication that is not final. Patrick v. Hurdle,...

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