{
  "id": 8551415,
  "name": "CHARLES A. NEWTON, doing business as NEWTON'S HOME FURNISHINGS v. THE STANDARD FIRE INSURANCE COMPANY",
  "name_abbreviation": "Newton v. Standard Fire Insurance",
  "decision_date": "1975-10-01",
  "docket_number": "No. 7527SC392",
  "first_page": "168",
  "last_page": "170",
  "citations": [
    {
      "type": "official",
      "cite": "27 N.C. App. 168"
    }
  ],
  "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": "211 S.E. 2d 458",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1975,
      "opinion_index": 0
    },
    {
      "cite": "24 N.C. App. 573",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8553254
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      "year": 1975,
      "opinion_index": 0,
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    {
      "cite": "212 S.E. 2d 41",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1975,
      "opinion_index": 0
    },
    {
      "cite": "25 N.C. App. 18",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8549975
      ],
      "year": 1975,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/25/0018-01"
      ]
    },
    {
      "cite": "210 S.E. 2d 492",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1974,
      "opinion_index": 0
    },
    {
      "cite": "24 N.C. App. 255",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8550000
      ],
      "year": 1974,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/24/0255-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 216,
    "char_count": 3124,
    "ocr_confidence": 0.571,
    "pagerank": {
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    "sha256": "442a947f5dfaf524790fb8aed1b7942ddc7870164c002c9c088bf103395f00dd",
    "simhash": "1:99eb416d2ff3204d",
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  "last_updated": "2023-07-14T22:44:36.927205+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Chief Judge Brock and Judge Vaughn concur."
    ],
    "parties": [
      "CHARLES A. NEWTON, doing business as NEWTON\u2019S HOME FURNISHINGS v. THE STANDARD FIRE INSURANCE COMPANY"
    ],
    "opinions": [
      {
        "text": "MARTIN, Judge.\n. \u25a0 In his pleadings appellant seeks recovery for two claims, one for actual damages and the other for punitive damages. The court ordered the dismissal of the claim for punitive damages.\nAlthough neither party has raised the question concerning the matter,.,we note that the-order from which the plaintiff purports to appeal adjudicates only one of the two claims and the trial court made no determination to the effect that there is no just reason for delay.\n\u201cUnder the North Carolina Rule, the trial court is granted the discretionary power to enter a final judgment as to one or more but fewer than all of the claims . . . , \u2018only if there is no just reason for delay and it is so determined in the judgment.\u2019 (Emphasis added.) By making the express determination in the judgment that there is \u2018no just reason for delay,\u2019 the trial judge in effect certifies that the judgment is a final judgment and subject to immediate appeal.\u201d Arnold v. Howard, 24 N.C. App. 255, 210 S.E. 2d 492 (1974).\nIn the absence of such an express determination in the order, G.S. 1A-1, Rule 54(b) makes \u201cany order or other form of de-cisi\u00f3n, however designated, which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties,\u201d interlocutory and not final. Leasing, Inc. v. Dan-Cleve Corporation, 25 N.C. App. 18, 212 S.E. 2d 41 (1975) ; Raynor v. Mutual of Omaha, 24 N.C. App. 573, 211 S.E. 2d 458 (1975) ; Arnold v. Howard, supra.\nFor the reasons stated, the appeal is premature.\nAppeal dismissed.\nChief Judge Brock and Judge Vaughn concur.",
        "type": "majority",
        "author": "MARTIN, Judge."
      }
    ],
    "attorneys": [
      "Basil L. Whitener and Anne M. Lamm, for plaintiff appellant.",
      "Hollowell, Stott and Hollowell, by L. B. Hollowell, Jr., for defendant appellee."
    ],
    "corrections": "",
    "head_matter": "CHARLES A. NEWTON, doing business as NEWTON\u2019S HOME FURNISHINGS v. THE STANDARD FIRE INSURANCE COMPANY\nNo. 7527SC392\n(Filed 1 October 1975)\nAppeal and Error \u00a7 6; Rules of Civil Procedure \u00a7 54\u2014 two claims \u2014 dismissal of one \u2014 appeal premature\nIn an action to recover under an insurance policy and to recover punitive damages for refusal of defendant to pay the loss allegedly covered by the policy, plaintiff\u2019s appeal from the trial court\u2019s allowance of defendant\u2019s motion to dismiss plaintiff\u2019s claim as to punitive damages was premature, since the trial court\u2019s order adjudicated only one of plaintiff\u2019s two claims and the court made no determination to the effect that there was no just reason for delay. G.S. 1A-1, Rule 54(b).\nAppeal by plaintiff from Kirby, Judge. Order entered 1 May 1975 in Superior Court, Gaston County. Heard in the Court of Appeals 4 September 1975.\nThis is a civil action to recover $5,500 under an insurance policy issued by defendant to plaintiff and to recover punitive damages of $50,000 for refusal of defendant to pay his loss covered by the policy.\nDefendant moved pursuant to G.S. 1A-1, Rule 12(b) (6) of the North Carolina Rules of Civil Procedure to dismiss plaintiff\u2019s claim as to punitive damages, and pursuant to G.S. 1A-1, Rule 12 (f) to strike the allegations of the complaint relating to punitive damages.\nrThe court allowed the motions and plaintiff appealed.\nBasil L. Whitener and Anne M. Lamm, for plaintiff appellant.\nHollowell, Stott and Hollowell, by L. B. Hollowell, Jr., for defendant appellee."
  },
  "file_name": "0168-01",
  "first_page_order": 196,
  "last_page_order": 198
}