No. 8510SC969.

339 S.E.2d 437 (1986)

Lillard Theodore CROW, Jr. and Jean Edwards Crow, on behalf of themselves and all others similarly situated, v. CITICORP ACCEPTANCE CO., INC., a Delaware Corporation, and Citicorp Person To Person Financial Center, Inc., a North Carolina Corporation.

Court of Appeals of North Carolina.

February 18, 1986.

Attorney(s) appearing for the Case

Edelstein & Payne by M. Travis Payne, Raleigh, Nixon, Yow, Waller & Capers by John B. Long, Hull, Towill, Norman & Barrett by David E. Hudson, and Dye, Miller, Tucker & Everitt by Thomas W. Tucker, Augusta, Ga., for plaintiffs-appellants.

Moore, Van Allen, Allen & Thigpen by John T. Allred, Robert D. Dearborn, Randel E. Phillips, Charlotte, and William D. Dannelly, Raleigh, for defendants-appellees.

HEDRICK, Chief Judge.

The first issue raised by this appeal is whether it should be dismissed as premature. The order dismissing the class action does not determine the controversy and is interlocutory. However, the order affects a substantial right of the unnamed plaintiffs and is immediately appealable. Perry v. Cullipher, 69 N.C. App. 761, 318 S.E.2d 354 (1984).

In English v. Realty Corp.,

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