Shoffner Industries, Inc. v. W. B. Lloyd Construction Co.

CARLTON, Judge.

In light of the unusual disposition of this action by the trial court, it is first necessary that we determine the proper posture of the case on appeal. The trial court denied the additional defendant’s motion for summary judgment but allowed his motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6) for failure to state a claim upon which relief may be granted. We agree with the additional defendant, Coltrane, that the trial court’s action was inconsistent. However, we do not find that inconsistency to constitute prejudicial error. As discussed infra, however, the inconsistent…