The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the North Carolina Court of Appeals. Heard in the Court of Appeals 20 September 2000. Erwin and Bernhardt, P.A., by Fenton T. Erwin, Jr. and Peter F. Morgan, for plaintiff-appellees.
Defendant brings forward several assignments of error.
However, we are unable to reach the merits of these arguments as defendant's appeal is not immediately appealable and must be dismissed. Plaintiffs commenced this action against defendant, individually and as Administrator of the Estate of Peggy W.Stogner, and Jeffrey W. Malickson, trustee, on 31 December 1998, alleging fraud, deception, and breach of an implied warranty arising from the sale of certain real property described as lots fifteen and sixteen of Lake Wylie Recreational Lots, section forty- three in Mecklenburg County, North Carolina. Originally, the parties entered into an offer to purchase and contract for the property in question, and executed it on 1 June 1998. Believing that a fraud had been perpetrated against them by defendant, plaintiffs stopped making payments on the promissory note. In response, defendant began foreclosure proceedings on the property.