Alltop v. JC PENNEY COMPANY

HEDRICK, Judge.

Plaintiff first contends that Judge Hall’s denial of the defendant’s motion to dismiss for failure of the complaint to state a claim upon which relief could be granted precluded Judge Clark from considering and allowing defendant’s motion for summary judgment in that it violates the principle of law that one superior court judge cannot overrule another superior court judge. This contention is without merit.

The federal courts, operating under rules practically identical to those in North Carolina, have held that the denial of a motion to dismiss for failure to state a claim upon…