Allen v. Wachovia Bank & Trust Co., NA

ARNOLD, Judge.

Defendants’ first and third assignments of error, that the court erred by failing to dismiss this action on grounds of a prior pending action and by failing to rule on defendants’ alternative motions to dismiss, are subject to dismissal by this Court. The order of the trial court refusing to dismiss is an interlocutory order from which no right of immediate appeal lies. See Acorn v. Knitting Corp., 12 N.C. App. 266, 182 S.E. 2d 862, cert. denied 279 N.C. 511, 183 S.E. 2d 686 (1971), which, while interpreting the prior Court of Appeals Rule No. 4, is still good law and is…