Miller v. Ferree

MARTIN, Judge.

We note initially that defendants’ appeal is properly before us. “[A] judgment by a court determining its statutory authority to dismiss an action in such a way as not to bar further litigation on the merits therein may be questioned only by appeal . . . .” Gower v. Insurance Co., 281 N.C. 577, 580, 189 S.E. 2d 165, 168 (1972).

The appealing defendants contend that the trial court, upon finding plaintiff in violation of G.S. 1A-1, Rule 8(a)(2), should have dismissed his action against them with prejudice, and that its order dismissing the suit without prejudice and permitting the…