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ATKINS v. MITCHELL

No. 8824SC271.

373 S.E.2d 152 (1988)

91 N.C. App. 730

Morris ATKINS and wife, Cecilia Atkins; William A. Banks; Earl Young and wife, Betty Young; William R. Banks; and Sheree L. Banks Watson, Plaintiffs v. Fondren MITCHELL and wife, Mary Elizabeth Mitchell; and R. Lee Smith, Trustee, Defendants.

Court of Appeals of North Carolina.

November 1, 1988.

Attorney(s) appearing for the Case

Bailey and Bailey by G.D. Bailey and J. Todd Bailey, Burnsville, for plaintiff-appellees.

Adams, Hendon, Carson, Crow & Saenger, P.A. by George W. Saenger, Asheville, for defendant-appellant Fondren Mitchell.

WELLS, Judge.

Although the trial court's judgment did not dispose of all claims between all parties and did not provide that there was no just reason for delay, N.C.Gen.Stat. § 1A-1, Rule 54(b) of the Rules of Civil Procedure, the entry of a money judgment against defendant involves a substantial right under N.C.Gen.Stat. §§ 1-277(a) (1983) and 7A-27(d)(1) (1986) entitling defendant to appeal. See Wachovia Realty Investments v. Housing, Inc.,

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