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LATCH v. LATCH

No. 8212DC768.

305 S.E.2d 564 (1983)

Ada Jean LATCH v. George Dale LATCH.

Court of Appeals of North Carolina.

August 2, 1983.

Attorney(s) appearing for the Case

No counsel for plaintiff-appellee.

Reid, Lewis & Deese by Renny W. Deese, Fayetteville, for defendant-appellant.

PHILLIPS, Judge.

Denial of a motion to dismiss for lack of subject matter jurisdiction is an interlocutory order, not affecting a substantial right, and therefore not immediately appealable. Teachy v. Coble Dairies, Inc., 306 N.C. 324, 293 S.E.2d 182 (1982). However, in order to facilitate an early resolution of the custody issue, which the child's welfare requires, we will treat defendant's appeal as a writ of certiorari...

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