Teachy v. Coble Dairies, Inc.

Court of Appeals of North Carolina

Teachy v. Coble Dairies, Inc.

284 S.E.2d 332, 54 N.C. App. 688, 1981 N.C. App. LEXIS 2936

CourtCourt of Appeals of North Carolina

DecidedNovember 17, 1981

DocketNo. 818SC305

StatusPublished

This text of 284 S.E.2d 332 (Teachy v. Coble Dairies, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Teachy v. Coble Dairies, Inc., 284 S.E.2d 332, 54 N.C. App. 688, 1981 N.C. App. LEXIS 2936 (N.C. Ct. App. 1981).

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Opinion

HEDRICK, Judge.

On 2 June 1981 the original defendants Coble Dairies and Edward Holmes filed in this Court a motion to dismiss the appeal as being from interlocutory orders. By order dated 16 June 1981 this [690]*690Court denied the motion. In its brief, the original defendants have renewed the motion.

The denial of a Rule 12(b)(6) motion to dismiss for failure to state a claim upon which relief can be granted is not immediately appealable. The denial of a motion to dismiss on the grounds that the superior court lacks subject matter jurisdiction is not immediately appealable. We believe the decision in Shaver v. N. C. Monroe Construction, --- N.C. App. ---, --- S.E. 2d --- (filed 3 November 1981) is controlling and further elaboration in this case is unnecessary.

Appeal dismissed.

Judges Clark and Martin (Harry C.) concur.

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HEDRICK, Judge.

On 2 June 1981 the original defendants Coble Dairies and Edward Holmes filed in this Court a motion to dismiss the appeal as being from interlocutory orders. By order dated 16 June 1981 this [690]*690Court denied the motion. In its brief, the original defendants have renewed the motion.

The denial of a Rule 12(b)(6) motion to dismiss for failure to state a claim upon which relief can be granted is not immediately appealable. The denial of a motion to dismiss on the grounds that the superior court lacks subject matter jurisdiction is not immediately appealable. We believe the decision in Shaver v. N. C. Monroe Construction, --- N.C. App. ---, --- S.E. 2d --- (filed 3 November 1981) is controlling and further elaboration in this case is unnecessary.

Appeal dismissed.

Judges Clark and Martin (Harry C.) concur.

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284 S.E.2d 332, 54 N.C. App. 688, 1981 N.C. App. LEXIS 2936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/teachy-v-coble-dairies-inc-ncctapp-1981.