Haddock v. Lassiter

*245HedRICK, J.

In their briefs, the parties stipulated that this Court could consider and determine this appeal on its merits under the appropriate rule of the North Carolina Rules of Civil Procedure. Rule 12(b) (6), North Carolina Rules of Civil Procedure, is as follows:

“ (b) How presented. — Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, crossclaim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defense may at the option of the pleader be made by motion:

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"(6) Failure…