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HOWARD v. OCEAN TRAIL CONVALESCENT CENTER

No. 8313SC577.

315 S.E.2d 97 (1984)

James Fox HOWARD, Administrator of the Estate of Elizabeth Hunter Howard v. OCEAN TRAIL CONVALESCENT CENTER, James Tucker d/b/a Tucker Electric Company, James W. Evans d/b/a Southport Electrical Service, Johnson Controls, Inc., and Robert L. Cowan, Indoor Comfort Contractors, Inc. d/b/a Temperature Control Company.

Court of Appeals of North Carolina.

May 15, 1984.

Attorney(s) appearing for the Case

I. Murchison Biggs, Lumberton, and Prevatte & Prevatte, Southport, for plaintiff-appellee.

Marshall, Williams, Gorham & Brawley by William Robert Cherry, Jr., Wilmington, for defendant-appellant Evans, d/b/a Southport Elec. Service.

Hedrick, Feerick, Eatman, Gardner & Kincheloe by Richard T. Feerick, Charlotte, for defendant-appellant Johnson Controls, Inc.

McLean, Stacy, Henry & McLean by Everett L. Henry, Lumberton, for defendant-appellant Tucker, d/b/a Tucker Elec. Co.

EAGLES, Judge.

Defendants Evans, Johnson Controls, and Tucker each assign as error the trial court's denial of their motions to dismiss. We hold that the court's order denying defendant's motions to dismiss was interlocutory, does not affect a substantial right, and is therefore not appealable. Denial of a motion to dismiss is interlocutory because it simply allows an action to proceed and will not seriously impair any right of defendants that cannot be corrected...

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