Smith v. Independent Life Insurance

WELLS, Judge.

We deal first with the defendants’ contention that the failure of plaintiff to specifically mention in her notice of appeal that specific portion of Judge Hasty’s order of 6 July 1978 sustaining defendants’ defense under G.S. 1A-1, Rule 12(b)(6), deprives this Court of jurisdiction to hear plaintiff’s appeal from this part of the order. Plaintiff’s appeal would be meaningless if we were to agree with defendants’ arguments since the trial court’s granting of defendants’ Rule 12(b)(6) motion would be sufficient in itself to terminate plaintiff’s action.

We acknowledge that the…