SHELTON v. FAIRLEY

No. 8626SC1225.

356 S.E.2d 917 (1987)

Thomas M. SHELTON, III, Alan Craig Shelton and George C. Collie, Successor Trustee of the Trust of Thomas M. Shelton, Deceased, Plaintiffs, v. Francis H. FAIRLEY, Individually and as Executor of Thomas M. Shelton, Deceased; Francis H. Fairley, S. Dean Hamrick, James D. Monteith and Laurance A. Cobb, Individually and as Fairley, Hamrick, Monteith & Cobb, a North Carolina Partnership, Defendants, and Lois Holt Shelton Wilson and Catherine Norell Shelton Einhaus, Additional Defendants.

Court of Appeals of North Carolina.

June 16, 1987.


Attorney(s) appearing for the Case

George C. Collie and Charles M. Welling, Charlotte, for plaintiffs.

Golding, Crews, Meekins & Gordon by John G. Golding and Rodney Dean, Charlotte, for defendants Hamrick, Monteith & Cobb.

Horack, Talley, Pharr & Lowndes by Robert C. Stephens and Robert B. McNeill, Charlotte for defendant Estate of Francis H. Fairley.


WELLS, Judge.

As the judgment below is not final as to all claims and all parties, see N.C.Gen. Stat. § 1A-1, Rule 54(b) of the Rules of Civil Procedure, our first question is whether the trial court's judgment dismissing plaintiffs' claims of punitive damages against all defendants and dismissing claims against the former law partners for the acts of Mr. Fairley in his capacity as executor of the estate are immediately appealable. Pursuant to the rule...

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