[Download] "Cunningham v. Brown" by Court of Appeals of New York # Book PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: Cunningham v. Brown
• Author : Court of Appeals of New York
• Release Date : January 07, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

We note initially that the courts order adjudicates fewer than all of the claims and adjudicates the rights and liabilities of fewer than all of the parties. Although defendant does not raise the issue of appealability, the appellate court should dismiss the appeal on its own motion if plaintiff-wife has no right to appeal. Waters v. Personnel, Inc., 294 N.C. 200, 240 S.E.2d 388 (1978). An order which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties is reviewable only under two sets of circumstances. First, Rule 54(b) specifically provides that if the judge entering the order determines that there is "no just reason for delay" and includes a statement to that effect in the judgment, the judgment will be final and immediately appealable. G.S. 1A-1, Rule 54(b). Second, if the interlocutory order "affects a substantial right" of the party appealing or "in effect determines the action and prevents a judgment from which an appeal might be taken" the party has a right to appeal under G.S. 1-277 or G.S. 7A-27. See Investments v. Housing, Inc., 292 N.C. 93, 232 S.E.2d 667 (1977); Newton v. Insurance Co., 291 N.C. 105, 229 S.E.2d 297 (1976); Oestreicher v. Stores, 290 N.C. 118, 225 S.E.2d 797 (1976); Leasing Corp. v. Myers, 46 N.C. App. 162, 265 S.E.2d 240 (1980) (contains a discussion of the North Carolina cases on appealability as affected by Rule 54(b) and a diagram for determining where a case fits within the appealability framework).

Download Free Books "Cunningham v. Brown" PDF ePub Kindle