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HAWKINS v. STATE

No. 9225SC154.

453 S.E.2d 233 (1995)

117 N.C. App. 615

John HAWKINS, Plaintiff, v. STATE of North Carolina; N.C. Department of Human Resources; Western Carolina Center; J. Iverson Riddle, both individually and in his representative capacity as Director of Western Carolina Center; Phillip J. Kirk, Jr., individually and in his representative capacity as Secretary of the North Carolina Department of Human Resources; Earline Boyd Brown, individually and in her representative capacity, Rhonda Benge, individually and in her representative capacity, Suzanne Williams, individually and in her capacity, Vicki Cash, individually and in her capacity, and Ralph Keaton, individually and in his capacity, Defendants.

Court of Appeals of North Carolina.

February 7, 1995.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. John R. Corne and Asst. Atty. Gen. Victoria L. Voight, Raleigh, for State.

C. Gary Triggs, P.A., Morganton, for plaintiff-appellee John Hawkins.

EAGLES, Judge.

I.

We note initially that the denial of a motion to dismiss is ordinarily not immediately appealable. Faulkenbury v. Retirement System, 108 N.C. App. 357, 365, 424 S.E.2d 420, 423, aff'd, 335 N.C. 158, 436 S.E.2d 821 (1993). Here, defendants asserted the defenses of absolute and qualified...

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