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LONG v. GILES

No. COA95-591.

472 S.E.2d 374 (1996)

Luther Youngs LONG and wife, Margaret D. Long, Plaintiffs, v. Patricia S. GILES, Executrix of the Estate of Sherrill Warren Giles and AEF, Inc., d/b/a Econo Lodge, Defendants.

Court of Appeals of North Carolina.

July 2, 1996.

Attorney(s) appearing for the Case

John H. Pike, Oxford, for appellants.

Maupin Taylor Ellis & Adams, P.A. by James A. Roberts, III and Richard N. Cook, Raleigh, for defendant-appellee AEF, Inc.

ARNOLD, Chief Judge.

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). See Johnston County v. McCormick, 65 N.C. App. 63, 308 S.E.2d 872 (1983). Because the trial court did not certify the appeal pursuant to Rule 54...

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