Collins v. Edwards

HEDRICK, Judge.

The one question presented on this appeal is whether Judge McKinnon erred in allowing defendant’s Rule 12(b) motion to dismiss and in dismissing plaintiffs claim with prejudice.

A motion to dismiss will be allowed if a complaint is clearly without merit; this lack of merit may consist in an absence of law to support a claim, or in the disclosure of some fact that will necessarily defeat the claim, F.D.I.C. v. Loft Apartments Ltd. Partnership, 39 N.C. App. 473, 250 S.E. 2d 693 (1979), or when the complaint shows on its face that there is an insurmountable bar.

The Statute of…