Kirkman v. N.C. Dep't of Commerce

Court of Appeals of North Carolina

Kirkman v. N.C. Dep't of Commerce

788 S.E.2d 681, 2016 WL 2865087, 2016 N.C. App. LEXIS 559

Court of Appeals of North Carolina·Decided May 17, 2016·No. No. COA 15–1332.·Published

Opinion

HUNTER, JR., ROBERT N., Judge.

Generally, "the denial of a motion to dismiss is an interlocutory order from which there may not be an immediate appeal ." Multiple Claimants v. N.C. Dept. of Health and Human Services, 176 N.C.App. 278, 282, 626 S.E.2d 666, 669 (2006). N.C. Gen.Stat. § 1-277(b) provides for immediate appeal from an adverse ruling as to the jurisdiction of the trial court, but the statute does not allow appellants to challenge sufficiency of process and service. Howard v. Ocean Trail Convalescent Ctr., 68 N.C.App. 494, 496, 315 S.E.2d 97, 99 (1984) (citing Love v. Moore, 305 N.C. 575, 291 S.E.2d 141 (1982) ). Here, Respondent appeals from an order denying Respondent's motion to dismiss, and concluding service of process was proper. We dismiss Respondent's appeal as interlocutory.

DISMISSED.

Judges CALABRIA and TYSON concur.

Report per Rule 30(e).

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HUNTER, JR., ROBERT N., Judge.

Generally, "the denial of a motion to dismiss is an interlocutory order from which there may not be an immediate appeal ." Multiple Claimants v. N.C. Dept. of Health and Human Services, 176 N.C.App. 278, 282, 626 S.E.2d 666, 669 (2006). N.C. Gen.Stat. § 1-277(b) provides for immediate appeal from an adverse ruling as to the jurisdiction of the trial court, but the statute does not allow appellants to challenge sufficiency of process and service. Howard v. Ocean Trail Convalescent Ctr., 68 N.C.App. 494, 496, 315 S.E.2d 97, 99 (1984) (citing Love v. Moore, 305 N.C. 575, 291 S.E.2d 141 (1982) ). Here, Respondent appeals from an order denying Respondent's motion to dismiss, and concluding service of process was proper. We dismiss Respondent's appeal as interlocutory.

DISMISSED.

Judges CALABRIA and TYSON concur.

Report per Rule 30(e).

Kirkman v. N.C. Dep't of Commerce, 788 S.E.2d 681, 2016 WL 2865087, 2016 N.C. App. LEXIS 559 (N.C. Ct. App. 2016).

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Opinion

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