Legal Opinion

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

Court of Appeals of North Carolina

Decided May 17, 2016No. COA 15–1332Published

1Opinion of the Court

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.…

2Cases cited3 opinions

  1. Mills v. MooreSupreme Court of North Carolina · 1982
  2. Howard v. Ocean Trail Convalescent CenterCourt of Appeals of North Carolina · 1984
  3. Multiple v. North Carolina Department of Health & Human ServicesCourt of Appeals of North Carolina · 2006

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