Legal Opinion
Hankins v. Somers
Court of Appeals of North Carolina
Decided February 6, 1979No. 7819SC181PublishedCited by 40 opinions
1Opinion of the Court
ARNOLD, Judge.
Denial of a motion to dismiss for failure to state a claim upon which relief can be granted is not a final determination within the meaning of G.S. l-277(a), does not affect a substantial right, and is not appealable. North Carolina Consumers Power, Inc. v. Duke Power Co., 285 N.C. 434, 206 S.E. 2d 178 (1974), and cases cited therein. Appeal by defendant Somers is therefore premature and must be dismissed.
The other defendants, however, are entitled by G.S. l-277(b) to an immediate appeal of the denial of their motion to dismiss for lack of jurisdiction.
Plaintiff alleges that…
2Cases cited8 opinions
- International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
- Hanson v. DencklaSupreme Court of the United States · 1958
- Dillon v. Numismatic Funding Corp.Supreme Court of North Carolina · 1977
- North Carolina Consumers Power, Inc. v. Duke Power Co.Supreme Court of North Carolina · 1974
- Munchak Corporation v. Riko Enterprises, Inc.District Court, M.D. North Carolina · 1973
3 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Banc of America Securities LLC v. Evergreen International Aviation, Inc.Court of Appeals of North Carolina · 2005
- Bruggeman v. Meditrust Acquisition Co.Court of Appeals of North Carolina · 2000
- Inspirational Network, Inc. v. CombsCourt of Appeals of North Carolina · 1998
- Marion v. LongCourt of Appeals of North Carolina · 1985
- Harry Dowless v. Warren-Rupp Houdailles, Inc., and Houdailles Industries, Inc.Court of Appeals for the Fourth Circuit · 1986
35 more not listed; retrieve them via the Exa API.