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DALTON MORAN SHOOK INC. v. PITT DEVELOPMENT CO.

No. 923SC1272.

440 S.E.2d 585 (1994)

113 N.C. App. 707

DALTON MORAN SHOOK INC., Architecture, Plaintiff, v. PITT DEVELOPMENT COMPANY, a Missouri General Partnership; Leo Eisenberg Company; Leo Eisenberg & Co., Inc.; William F. Hill, as Substitute Trustee for Wachovia Bank of North Carolina, N.A.; Ronald J. Bennett, individually; Stephen F. Hutchinson, individually; Irvin B. Maizlish, as Trustee of The Irvin B. Maizlish Living Trust; Robert J. Waters, individually; C.W. Ansell, individually; Dempsey J. Hydrick, Jr., individually; Frank O. Pusey, individually; Paul Ansell, individually; Barbara C. Burns, individually; Gerald W. Scurry, individually; Wachovia Bank of North Carolina, N.A.; McDonald's Corporation; Wal-Mart Properties, Inc.; R & M Properties, Inc.; Toys "R" Us, Inc.; Winn-Dixie, Raleigh, Inc.; The Cato Corporation, Defendants.

Court of Appeals of North Carolina.

March 1, 1994.

Attorney(s) appearing for the Case

Browning, Hill & Hilburn by W. Gregory Duke, for plaintiff.

Ward and Smith, P.A. by Ryal W. Tayloe and Patricia C. Soraghan, for defendants.

MARTIN, Judge.

I.

Defendants have moved to dismiss plaintiff's appeal on the grounds that it is from an interlocutory order and is premature. Where an order of summary judgment disposes of fewer than all claims between all parties the order is interlocutory and, ordinarily, is not immediately appealable. Love v. Moore, 305 N.C. 575, 578, 291 S.E.2d 141, 144 (1982);

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