WELLS, Judge.
The judgment below not being final as to all claims and all parties, see N.C.Gen.Stat. § 1A-1, Rule 54(b) of the Rules of Civil Procedure, the first question we must determine is whether the trial court's judgment dismissing plaintiff's punitive damage claim against Winfred Bordeaux is immediately appealable. Pursuant to the rule established in Oestreicher v. Stores,
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