REYNOLDS v. REYNOLDS

No. 9314SC514.

442 S.E.2d 133 (1994)

114 N.C. App. 393

James K. REYNOLDS, Plaintiff, v. Royce REYNOLDS and James B. Rivenbark, Defendants.

Court of Appeals of North Carolina.

April 19, 1994.


Attorney(s) appearing for the Case

Charles F. Carpenter, and Newsom, Graham, Hedrick, Kennon & Cheek, P.A. by Sherrod Banks, Durham, for plaintiff-appellant.

Brooks, Pierce, McLendon, Humphrey & Leonard by Hubert Humphrey and James H. Jeffries, IV, Greensboro, for defendant-appellee Royce Reynolds.


WELLS, Judge.

Although not addressed by either party to this appeal, we must address its interlocutory nature. As the judgment below did not dispose of all claims as to all parties, and the trial court did not certify it for immediate appeal, its immediate appeal would contravene the provisions of N.C.Gen.Stat. § 1A-1, Rule 54(b) of the Rules of Civil Procedure. Our review of the record reveals that: (1) defendant Reynolds' counterclaim will remain viable only...

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