Leandro v. State

ARNOLD, Chief Judge.

Although denial of a motion to dismiss under N.C. Gen. Stat. § 1A-1, Rule 12(b)(2) is immediately appealable, Teachy v. Coble Dairies, Inc., 306 N.C. 324, 327, 293 S.E.2d 182, 184 (1982), denial of a motion to dismiss under Rule 12(b)(1) or 12(b)(6) is ordinarily interlocutory and not immediately appealable. Id. at 326-27, 293 S.E.2d at 183-84. Pursuant to Rule 21 of the North Carolina Rules of Appellate Procedure, however, petition for writ of certiorari was allowed in order to review the trial court’s order denying the motions to dismiss under G.S. § 1A-1, Rules…