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BUMPERS v. COMMUNITY BANK OF N. VIRGINIA

No. COA08-1135.

675 S.E.2d 697 (2009)

Travis T. BUMPERS and Troy Elliott, on behalf of themselves and all others similarly situated, Plaintiffs, v. COMMUNITY BANK OF NORTHERN VIRGINIA, Defendant.

Court of Appeals of North Carolina.

May 5, 2009.

Attorney(s) appearing for the Case

Hartzell & Whiteman, L.L.P., by J. Jerome Hartzell, Raleigh, and Financial Protection Law Center, by Mallam J. Maynard, Wilmington, for plaintiff-appellees.

Ellis & Winters LLP, by Matthew W. Sawchak, Raleigh, for defendant-appellant.

STEELMAN, Judge.

While we give great deference to a trial court's certification pursuant to Rule 54(b) of the Rules of Civil Procedure, the ultimate decision as to whether a matter is appealable rests with the appellate courts. An order of the trial court which resolved all issues except the amount of attorney's fees is a non-appealable interlocutory order and is dismissed.

I. Factual and Procedural Background...

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