Smith v. Nationwide Mutual Fire Insurance

WELLS, Judge.

As a preliminary matter we note that the trial court’s order was incorrectly titled “Order for Partial Summary Judgment.” Defendant has acknowledged responsibility for this error in his brief. It is not disputed that the trial court’s order was for dismissal of plaintiff’s claim for punitive damages pursuant to N.C. Gen. Stat. § 1A-1, Rule 12(b)(6) of the Rules of Civil Procedure. Ordinarily, an interlocutory order such as this is not immediately appealable. In this case the trial court’s order provides that there is no just reason for delay. The order is therefore immediately…