{
  "id": 8522676,
  "name": "TELERENT LEASING CORPORATION, Plaintiff v. ALLEN C. BARBEE, and SHONOCA, INC., trading as the SHERATON HOTEL, Original Defendants and Third-Party Plaintiffs v. H. WILLIAM HULL, Partner; and WESTRIDGE HOMES, A General Partnership; and LUMINA AVENUE CORPORATION, Third-Party Defendants",
  "name_abbreviation": "Telerent Leasing Corp. v. Barbee",
  "decision_date": "1991-03-05",
  "docket_number": "No. 907SC151",
  "first_page": "129",
  "last_page": "131",
  "citations": [
    {
      "type": "official",
      "cite": "102 N.C. App. 129"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "59 S.E.2d 429",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1950,
      "opinion_index": 0
    },
    {
      "cite": "232 N.C. 744",
      "category": "reporters:state",
      "reporter": "N.C.",
      "year": 1950,
      "opinion_index": 0
    },
    {
      "cite": "57 S.E.2d 377",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1950,
      "opinion_index": 0
    },
    {
      "cite": "231 N.C. 357",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8629835
      ],
      "year": 1950,
      "opinion_index": 0,
      "case_paths": [
        "/nc/231/0357-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 212,
    "char_count": 2767,
    "ocr_confidence": 0.725,
    "pagerank": {
      "raw": 6.380125665320789e-08,
      "percentile": 0.3944494447359672
    },
    "sha256": "00079819f841cdd5f6c38d83b2a8cf0a13601c1f0b8980ec5d99513022e7c3bd",
    "simhash": "1:052ba7695d012496",
    "word_count": 434
  },
  "last_updated": "2023-07-14T21:20:04.252791+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges ORR and GREENE concur."
    ],
    "parties": [
      "TELERENT LEASING CORPORATION, Plaintiff v. ALLEN C. BARBEE, and SHONOCA, INC., trading as the SHERATON HOTEL, Original Defendants and Third-Party Plaintiffs v. H. WILLIAM HULL, Partner; and WESTRIDGE HOMES, A General Partnership; and LUMINA AVENUE CORPORATION, Third-Party Defendants"
    ],
    "opinions": [
      {
        "text": "PHILLIPS, Judge.\nThis appeal does not involve the plaintiff, whose claim for rents allegedly owed by the original defendants for leasing 147 of plaintiff\u2019s television sets for use in their hotel at Wrightsville Beach is still pending. The appellants\u2019 appeal is from an order of summary judgment dismissing their claim that in buying their hotel on 22 January 1987 the third-party defendants agreed to assume their obligations under the lease with plaintiff.\nThough not raised by the parties, the appeal is unauthorized and we dismiss it upon our own motion. The appeal is premature because it is from an interlocutory order that does not affect a substantial right that may suffer injury if appeal is delayed until final judgment is entered. G.S. 1-277; G.S. 7A-27; Veazey v. City of Durham, 231 N.C. 357, 57 S.E.2d 377, reh\u2019g denied, 232 N.C. 744, 59 S.E.2d 429 (1950). Since the appellants\u2019 liability to the plaintiff has not been established, they have no need of the appellees\u2019 indemnity now and may never need it. The time to pursue their appeal from the order denying their claim for indemnity is not now, but after the need for such indemnity has been established. Our function as an appellate court is not to determine idle, speculative questions of no immediate benefit to anyone.\nAppeal dismissed.\nJudges ORR and GREENE concur.",
        "type": "majority",
        "author": "PHILLIPS, Judge."
      }
    ],
    "attorneys": [
      "Robert G. Bowers for plaintiff appellee.",
      "Valentine, Adams, Lamar, Etheridge & Sykes, by William D. Etheridge and Sharon Rose Britt, for original defendants/third-party plaintiffs appellants.",
      "Battle, Winslow, Scott & Wiley, P.A., by M. Greg Crumpler, for third-party defendants appellees."
    ],
    "corrections": "",
    "head_matter": "TELERENT LEASING CORPORATION, Plaintiff v. ALLEN C. BARBEE, and SHONOCA, INC., trading as the SHERATON HOTEL, Original Defendants and Third-Party Plaintiffs v. H. WILLIAM HULL, Partner; and WESTRIDGE HOMES, A General Partnership; and LUMINA AVENUE CORPORATION, Third-Party Defendants\nNo. 907SC151\n(Filed 5 March 1991)\nAppeal and Error \u00a7 119 (NCI4th) \u2014 pending contract action \u2014 summary judgment in third party indemnity action \u2014 premature appeal\nThe third party plaintiffs\u2019 appeal from an order of summary judgment dismissing their claim that, in buying their hotel, third party defendants agreed to assume their obligations under a lease with plaintiff is premature, since third party plaintiffs\u2019 liability to plaintiff for lease of television sets for use in their hotel has not been established, and third party plaintiffs therefore have no need of third party defendants\u2019 indemnity and may never need it.\nAm Jur 2d, Appeal and Error \u00a7 92.\nAPPEAL by original defendants/third-party plaintiffs from order entered 28 September 1989 by Judge Richard B. Allsbrook in NASH County Superior Court. Heard in the Court of Appeals 6 December 1990.\nRobert G. Bowers for plaintiff appellee.\nValentine, Adams, Lamar, Etheridge & Sykes, by William D. Etheridge and Sharon Rose Britt, for original defendants/third-party plaintiffs appellants.\nBattle, Winslow, Scott & Wiley, P.A., by M. Greg Crumpler, for third-party defendants appellees."
  },
  "file_name": "0129-01",
  "first_page_order": 159,
  "last_page_order": 161
}