Capital Outdoor Advertising, Inc. v. City of Raleigh

GREENE, Judge.

Plaintiffs appeal from the entry of an order dismissing, pursuant to Rule 12(b)(6), their complaint. The motion to dismiss was heard at the 28 October 1991 session of civil superior court in Wake County, specifically on 29 October 1991. The trial court did not render a decision on the motion until 4 November 1991, the date on which the trial judge signed the order of dismissal. The order was filed on 4 November 1991 with the clerk of the superior court.

The dispositive issue is whether the trial court had jurisdiction to enter the order dismissing plaintiffs’ action.

Plaintiffs…