Court of Appeals of North Carolina, 1979

Whalehead Properties v. Coastland Corp.

Court of Appeals of North Carolina · Decided July 3, 1979 · Arnold, Hedrick, Vaughn

42 N.C. App. 198; 256 S.E.2d 284; 1979 N.C. App. LEXIS 2797

Cases that cite this one

1 later published case cites this decision.

Steel Creek Development Corp. v. Smith (N.C. 1980)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

HEDRICK, Judge.

The present case is indistinguishable from Tridyn Industries, Inc. v. American Mutual Insurance Company, 296 N.C. 486, 251 S.E. 2d 443 (1979), where our Supreme Court declared that an appeal from an order granting partial summary judgment on the issue of liability, reserving for trial the issue of damages, is interlocutory and must be dismissed. Justice Exum, writing for a unanimous Court, noted that Rule 56(c) of the Rules of Civil Procedure, which authorizes a summary judgment on the issue of *202liability alone, specifically provides that such a judgment is “interlocutory in character.” “This case should be reviewed, if at all, in its entirety and not piecemeal.” Tridyn Industries, Inc. v. American Mutual Insurance Company, supra, at 494, 251 S.E. 2d at 449.

Dismissed.

Judges Vaughn and Arnold concur.

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