Berger v. Berger

VAUGHN, Chief Judge.

I

The first order from which defendant appeals is the 11 October order denying his Rule 12(b) motions to dismiss.

We first consider defendant’s contention that the trial court erred in denying both his motion to dismiss for failure to state a claim upon which relief could be granted and his motion to dismiss for lack of subject matter jurisdiction. G.S. 1A-1, Rules 12(b)(1) and 12(b)(6). Generally, orders denying motions to dismiss are interlocutory and nonappealable, the reason being to prevent delay and expense from fragmentary appeals and to expedite the administration of…