Girard Trust Bank v. Easton

Ordinarily, Rule 4(b) of the Rules of Practice in the Court of Appeals of North Carolina precludes an appeal “from an order striking or denying a motion to strike allegations contained in pleadings.” However, when a motion to strike an entire further answer or defense is granted, an immediate appeal is available since such motion is in substance a demurrer. Insurance Co. v. Surety Co., 1 N.C. App. 9, 159 S.E. 2d 268. Likewise, where a motion to strike allegations and a prayer for relief relating to punitive damages is granted, the order is treated as a demurrer for failure to allege facts…