{
  "id": 8522932,
  "name": "PELICAN WATCH, a North Carolina Partnership, and DERWOOD H. GODWIN, SR., OSCAR L. NORRIS, MURRAY O. DUGGINS, KENNETH M. NORRIS, and DEBORAH N. HOOKER, the general partners of Pelican Watch, Plaintiffs-Appellants v. UNITED STATES FIRE INSURANCE COMPANY and AMERICAN INTERNATIONAL CONSULTANTS, INC., Defendants-Appellees",
  "name_abbreviation": "Watch v. United States Fire Insurance",
  "decision_date": "1988-05-03",
  "docket_number": "No. 8712SC1106",
  "first_page": "140",
  "last_page": "142",
  "citations": [
    {
      "type": "official",
      "cite": "90 N.C. App. 140"
    }
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  "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."
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    {
      "cite": "266 S.E. 2d 754",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1980,
      "opinion_index": 0
    },
    {
      "cite": "47 N.C. App. 187",
      "category": "reporters:state",
      "reporter": "N.C. App.",
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      "year": 1980,
      "opinion_index": 0,
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    {
      "cite": "254 S.E. 2d 197",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1979,
      "opinion_index": 0
    },
    {
      "cite": "41 N.C. App. 184",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8548449
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      "year": 1979,
      "opinion_index": 0,
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        "/nc-app/41/0184-01"
      ]
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    {
      "cite": "251 S.E. 2d 443",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "weight": 2,
      "year": 1979,
      "pin_cites": [
        {
          "page": "447"
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "296 N.C. 486",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8567731
      ],
      "weight": 2,
      "year": 1979,
      "pin_cites": [
        {
          "page": "491"
        }
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      "opinion_index": 0,
      "case_paths": [
        "/nc/296/0486-01"
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  "analysis": {
    "cardinality": 258,
    "char_count": 4386,
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    "pagerank": {
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    "word_count": 697
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  "last_updated": "2023-07-14T21:55:12.261630+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Wells and Cozort concur."
    ],
    "parties": [
      "PELICAN WATCH, a North Carolina Partnership, and DERWOOD H. GODWIN, SR., OSCAR L. NORRIS, MURRAY O. DUGGINS, KENNETH M. NORRIS, and DEBORAH N. HOOKER, the general partners of Pelican Watch, Plaintiffs-Appellants v. UNITED STATES FIRE INSURANCE COMPANY and AMERICAN INTERNATIONAL CONSULTANTS, INC., Defendants-Appellees"
    ],
    "opinions": [
      {
        "text": "HEDRICK, Chief Judge.\nDefendant\u2019s appeal is from a judgment that is not final within the meaning of G.S. 1-277. The appeal is from a partial summary judgment for plaintiffs on the issue of liability only, and will be dismissed. Industries, Inc. v. Insurance Co., 296 N.C. 486, 251 S.E. 2d 443 (1979); Insurance Co. v. Dickens, 41 N.C. App. 184, 254 S.E. 2d 197 (1979).\nPlaintiffs\u2019 appeal is from a judgment that disposes of \u201cfewer than all the claims or the rights and liabilities of fewer than all the parties,\u201d and does not involve a substantial right within the meaning of G.S. 1-277, and will be dismissed. G.S. 1A-1, Rule 54(b).\nWhile the trial judge did find \u201cthere is no reason for delay in obtaining appellate review . . . ,\u201d as Chief Justice Exum said in Industries, Inc. v. Insurance Co., 296 N.C. 486, 491, 251 S.E. 2d 443, 447 (1979), a trial judge cannot \u201cby denominating his decree a \u2018final judgment\u2019 make it immediately appealable under Rule 54(b) if it is not such a judgment.\u201d A finding that \u201cthere is no just reason for delay\u201d under Rule 54(b) is not enough. The judgment must also be final. Cook v. Tobacco Co., 47 N.C. App. 187, 266 S.E. 2d 754 (1980).\nPremature and piecemeal appeals serve no purpose but to delay final judgments and thrust upon the appellate division multiple appeals. Both appeals will be dismissed, and the causes will be remanded to the superior court for further proceedings.\nAppeals dismissed.\nJudges Wells and Cozort concur.",
        "type": "majority",
        "author": "HEDRICK, Chief Judge."
      }
    ],
    "attorneys": [
      "Tuggle Huggins Meschan & Elrod, P.A., by J. Reed Johnston, Jr., for plaintiffs.",
      "Henson Henson Bayliss & Coates, by Perry C. Henson and Jack B. Bayliss, Jr., for defendant United States Fire Insurance Company."
    ],
    "corrections": "",
    "head_matter": "PELICAN WATCH, a North Carolina Partnership, and DERWOOD H. GODWIN, SR., OSCAR L. NORRIS, MURRAY O. DUGGINS, KENNETH M. NORRIS, and DEBORAH N. HOOKER, the general partners of Pelican Watch, Plaintiffs-Appellants v. UNITED STATES FIRE INSURANCE COMPANY and AMERICAN INTERNATIONAL CONSULTANTS, INC., Defendants-Appellees\nNo. 8712SC1106\n(Filed 3 May 1988)\nAppeal and Error \u00a7 6.2\u2014 appeal from order which was not final \u2014 court\u2019s finding that order affected substantial right and that there was no reason for delay improper\nDefendant\u2019s appeal was from a partial summary judgment for plaintiffs on the issue of liability only which was not final within the meaning of N.C.G.S. \u00a7 1-277, and plaintiffs\u2019 appeal was from a judgment which disposed of fewer than all the claims or the rights and liabilities of fewer than all the parties and did not involve a substantial right within the meaning of N.C.G.S. \u00a7 1-277; furthermore, a finding by the trial court that its order affected a substantial right and that there was no reason for delay in obtaining appellate review was insufficient to make the judgment final, and the premature and piecemeal appeals are therefore dismissed.\nAPPEAL by plaintiffs and defendant United States Fire Insurance Company from Smith, Judge. Judgment entered 10 August 1987 in Superior Court, Cumberland County. Heard in the Court of Appeals 13 April 1988.\nThis is a civil action wherein plaintiffs seek to recover from defendants, jointly and severally, actual damages, damages for unfair or deceptive trade acts or practices, and punitive damages arising out of a contract of insurance issued by defendant United States Fire Insurance Company through defendant American International Consultants, Inc., to plaintiffs.\nOn 1 April 1987, defendant United States Fire Insurance Company made a motion for summary judgment. Immediately before the hearing on the motion for summary judgment, plaintiffs voluntarily dismissed \u201cwithout prejudice\u201d their claims against defendant American International Consultants, Inc. After a hearing on the motion for summary judgment, on 14 August 1987, the trial judge entered summary judgment for defendant United States Fire Insurance Company for \u201cactual damages,\u201d and entered summary judgment for plaintiffs \u201cagainst the defendant USFIC on the liability issues on plaintiffs\u2019 claim made pursuant to N.C.G.S. Chapter 75 and N.C.G.S. Sec. 58-54.4 and plaintiffs\u2019 claim under the common law for punitive damages. . . .\u201d The trial judge further stated the order affected \u201csubstantial rights\u201d of both parties and \u201cthat there is no reason for delay in obtaining appellate review. . . .\u201d Plaintiffs and defendant United States Fire Insurance Company appealed.\nTuggle Huggins Meschan & Elrod, P.A., by J. Reed Johnston, Jr., for plaintiffs.\nHenson Henson Bayliss & Coates, by Perry C. Henson and Jack B. Bayliss, Jr., for defendant United States Fire Insurance Company."
  },
  "file_name": "0140-01",
  "first_page_order": 170,
  "last_page_order": 172
}