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MINNEMAN v. MARTIN

No. 9310SC291.

442 S.E.2d 564 (1994)

114 N.C. App. 616

Sue A. MINNEMAN, D.D.S., Plaintiff, v. James G. MARTIN, in his official capacity as Governor of the State of North Carolina, Department of Human Resources of the State of North Carolina, David T. Flaherty, in his official capacity as Secretary of the Department of Human Resources of the State of North Carolina, Don Taylor, in his official capacity as Director of the Division of Mental Health, Mental Retardation, Substance Abuse Services of the State of North Carolina, Dr. Walter W. Stelle, Ph.D., in his official capacity as Deputy Director of the Division of Mental Health, Mental Retardation, Substance Abuse Services of the State of North Carolina, B. Gene Barrett, individually and in his official capacity as Director of John Umstead Hospital, Dr. P.J. Irigaray, individually and in his official capacity as Clinical Director, John Umstead Hospital, Defendants.

Court of Appeals of North Carolina.

May 3, 1994.

Attorney(s) appearing for the Case

Atty. Gen., Michael F. Easley, by Sp. Deputy Atty. Gen., David Roy Blackwell and Asst. Atty. Gen., Victoria L. Voight, Raleigh, for defendant appellants.

Young, Moore, Henderson & Alvis, P.A., by Brian E. Clemmons and M. Lee Cheney, Raleigh, for plaintiff appellee.

ARNOLD, Chief Judge.

Defendants first argue the trial court erred in failing to grant summary judgment for defendants Martin, Flaherty, Taylor, Stelle, and Barrett, all of whom were sued in their official capacity, on the basis of sovereign immunity.

In general, denial of a motion for summary judgment is interlocutory and not immediately appealable. EEE-ZZZ Lay Drain Co. v. N.C. Dept. of Human Resources, 108 N.C. App. 24

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