Howard v. Ocean Trail Convalescent Center

EAGLES, Judge.

Defendants Evans, Johnson Controls, and Tucker each assign as error the trial court’s denial of their motions to dismiss. We hold that the court’s order denying defendant’s motions to dismiss was interlocutory, does not affect a substantial right, and is therefore not appealable. Denial of a motion to dismiss is interlocutory because it simply allows an action to proceed and will not seriously impair any right of defendants that cannot be corrected upon appeal from final judgment. Godley Auction Co., Inc. v. Myers, 40 N.C. App. 570, 253 S.E. 2d 362 (1979). The avoidance of a…