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FLOREK v. BORROR REALTY CO.

No. COA97-942.

501 S.E.2d 107 (1998)

David I. FLOREK and Wife, Darlene M. Florek, Plaintiffs-Petitioners, v. BORROR REALTY COMPANY (formerly the Borror Corporation, d/b/a Dominion Homes), David D. Hundley and Wife, Laurinda L. Hundley, Defendants-Respondents.

Court of Appeals of North Carolina.

June 16, 1998.

Attorney(s) appearing for the Case

Haywood, Denny & Miller, L.L.P. by Michael W. Patrick, Durham, for plaintiffs-petitioners.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P. by Mark A. Ash and Christopher G. Smith, Raleigh, for defendant-respondent Borror Realty Company.

SMITH, Judge.

The threshold issue before us is whether plaintiffs' appeal is interlocutory and thus not properly before this Court. "It is well established that the entry of summary judgment for fewer than all defendants is not a final judgment and is not immediately appealable unless it affects a substantial right or is certified pursuant to N.C.Gen.Stat. § 1A-1, Rule 54(b) (1990)." Long v. Giles, 123 N.C. App. 150, 152, 472 S.E.2d 374...

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