Shaver v. N. C. Monroe Construction Co.

HEDRICK, Judge.

Defendants have attempted to appeal from an order denying their motion to dismiss plaintiff’s first, second, and fifth causes of action “for lack of subject matter jurisdiction.” “Ordinarily, there is no right of appeal from the refusal of a motion to dismiss.” Godley Auction Co. v. Myers, 40 N.C. App. 570, 573, 253 S.E. 2d 362, 364 (1979). The rule barring immediate appeals from such interlocutory orders serves to eliminate the unnecessary delay and expense of repeated fragmentary appeals and to present the whole case for determination in a single appeal from the final…