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MILLER v. FERREE

No. 8623SC731.

351 S.E.2d 845 (1987)

84 N.C. App. 135

Barrie M. MILLER v. Max F. FERREE, Betsy R. Ferree, Russell F. Ferree, Dr. Henry C. Landon, III, Barbara S. Landon and Ferree, Cunningham and Gray, P.A., Successor to Max F. Ferree, P.A.

Court of Appeals of North Carolina.

January 20, 1987.

Attorney(s) appearing for the Case

Flanary & Davies by Kenneth T. Davies, Charlotte, for plaintiff-appellee.

Moore, Willardson & Lipscomb by Larry S. Moore, Wilkesboro, for defendants-appellants Max F. Ferree and Russell F. Ferree.

E. James Moore, Wilkesboro, for defendant-appellant Ferree, Cunningham & Gray, P.A.

MARTIN, Judge.

We note initially that defendants' appeal is properly before us. "[A] judgment by a court determining its statutory authority to dismiss an action in such a way as not to bar further litigation on the merits therein may be questioned only by appeal...." Gower v. Insurance Co., 281 N.C. 577, 580, 189 S.E.2d 165, 168 (1972).

The appealing defendants contend that the trial...

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