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FMB, INC. v. CREECH

No. COA08-1208.

679 S.E.2d 410 (2009)

FMB, INC., Plaintiff, v. Glannis N. CREECH, unmarried, Margie N. Crawford, unmarried, Glenda Gayle Leggett, and husband, Joel T. Leggett, Vickie Lynn Balazsi, unmarried, Kathy C. Sandifer, and husband, Samuel M. Sandifer, and Triston Neal Alan Hinson, unmarried, Melissa Gayle Balazsi, minor, any unborn issue of Defendants Vickie Lynn Balazsi, Glenda Gayle Leggett, and Kathy C. Sandifer, and any unknown heirs of James Rogers Narron, deceased, Defendants.

Court of Appeals of North Carolina.

July 7, 2009.

Attorney(s) appearing for the Case

Rose Rand Attorneys, PA, by Paul N. Blake, III and Jason R. Page, Wilson, for plaintiff-appellant.

Faris & Faris, PA, by Robert A. Farris, Jr., Wilson, for defendant-appellees Margie N. Crawford, Glenda Gayle Leggett, Joel T. Leggett, Vickie Lynn Balazsi, and Triston Neal Alan Hinson.

Millicent G. Graves, Wilson, for defendant-appellees Melissa Gayle Balazsi, any unborn issue of Defendants Vickie Lynn Balazsi, Glenda Gayle Leggett, and Kathy C. Sandifer, and any unknown heirs of James Rogers Narron, deceased.

STEELMAN, Judge.

Where plaintiff appeals an interlocutory order that does not contain a Rule 54(b) certification, and fails to demonstrate that a substantial right will be lost unless it is immediately reviewed, the appeal is dismissed.

I. Factual and Procedural Background

Defendants each have an interest1 in approximately 130 acres of real property located in Wilson County, North Carolina. During the first week...

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