Journeys International, Inc. v. Corbett

WEBB, Judge.

The motion to dismiss deals with jurisdiction over property of the respondents and is appealable under G.S. l-277(b).

The appellants assign error to the ruling by the superior court without an appeal from the clerk. We believe this assignment of error has merit. The appellees contend that by filing the motion to dismiss, an issue of fact was raised as to the ownership of the funds and for this reason the proceedings should have been transferred under G.S. 45-21.32(c) to the civil issue docket of the superior court for trial. The filing of a motion to dismiss under Rule 12(b)(1)…