CLEVENGER v. PRIDE TRIMBLE CORPORATION

No. 8920SC598.

386 S.E.2d 594 (1989)

James CLEVENGER v. PRIDE TRIMBLE CORPORATION and W2, Incorporated.

Court of Appeals of North Carolina.

December 19, 1989.


Attorney(s) appearing for the Case

Brown, Robbins, May, Pate, Rich, Scarborough & Burke by P. Wayne Robbins, Pinehurst, for plaintiff-appellant.

Poyner & Spruill by Thomas H. Davis, Jr., Raleigh, for defendant-appellee Pride Trimble.


ARNOLD, Judge.

Although the issue was not raised by either party, we must initially determine whether plaintiff's appeal is premature. Where summary judgment is allowed for fewer than all the defendants and the judgment does not contain a certification pursuant to N.C.G.S. § 1A-1, Rule 54(b), that there is "no just reason for delay," a plaintiff's appeal will be premature unless the order allowing summary judgment affects a substantial right. Bernick v. Jurden...

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