Flaherty v. Hunt

WELLS, Judge.

The threshold question we must decide is whether this appeal should be dismissed. Ordinarily, a denial of a N.C. Gen. Stat. § 1A-1, Rule 12(b)(6) motion to dismiss for failure to state a claim is an interlocutory order from which no immediate appeal may be taken. State v. School, 299 N.C. 351, 261 S.E. 2d 908, aff’d on rehearing, 299 N.C. 731, 265 S.E. 2d 387, appeal dismissed, 449 U.S. 807, 101 S.Ct. 55, 66 L.Ed. 2d 11 (1980); Raines v. Thompson, 62 N.C. App. 752, 303 S.E. 2d 413 (1983) and cases cited therein. This is because no final judgment is involved in such a denial and…