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PHOENIX AMERICA CORP. v. BRISSEY

No. 7928DC817.

265 S.E.2d 476 (1980)

PHOENIX AMERICA CORPORATION v. William BRISSEY and wife, Grace M. Brissey, d/b/a the Fireplace and Things and Grabil, Inc.

Court of Appeals of North Carolina.

May 6, 1980.

Attorney(s) appearing for the Case

Gray, Kimel & Connolly by David G. Gray, Asheville, for plaintiff-appellee.

Van Winkle, Buck, Wall, Starnes & Davis by Albert L. Sneed, Jr., Asheville, for defendant-appellants.

HEDRICK, Judge.

Although the denial of a motion to dismiss ordinarily is not immediately appealable, defendants in this case properly proceed pursuant to the provisions of G.S. § 1-277(b), which prescribes a right of immediate appeal where there has been "an adverse ruling as to the jurisdiction of the court over the person or property of the defendant . . . ." Since defendants are safely before us, we confront the crucial issue presented by their appeal,

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