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Teachy v. Coble Dairies Inc.

Filed: November 17, 1981.

LELA J. TEACHY, ADMINISTRATRIX OF THE ESTATE OF JAMES EVERETTE TEACHY, JR., PLAINTIFF
v.
COBLE DAIRIES, INC., A NORTH CAROLINA CORPORATION AND EDWARD DEAN HOLMES, ORIGINAL DEFENDANTS AND THIRD-PARTY PLAINTIFFS V. DEPARTMENT OF TRANSPORTATION OF THE STATE OF NORTH CAROLINA, THIRD-PARTY DEFENDANT



Appeal by the third-party defendant, Department of Transportation of the State of North Carolina, from Battle, Judge. Order entered 4 February 1981 in Superior Court, Wayne County. Heard in the Court of Appeals 22 October 1981.

Hedrick, Judge. Judges Clark and Martin (Harry C.) concur.

Hedrick

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

Court 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.

Disposition

Appeal dismissed.

19811117

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