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FARRELL v. TRANSYLVANIA COUNTY BD. OF EDUC.

No. COA05-882.

625 S.E.2d 128 (2006)

Sean FARRELL, a minor by and through his parents and legal guardians, William Farrell, individually; and Suzanne Farrell, individually, Plaintiffs, v. TRANSYLVANIA COUNTY BOARD OF EDUCATION; Terry Holliday, former Superintendent of Transylvania County Schools in his official capacity; Patricia Morgan, former Principal of Brevard Elementary School, in her official capacity; Ron Kiviniemi, former Assistant Principal of Brevard Elementary and Principal of Pisgah Forest Elementary School in his official capacity; Kathy Haehnel, Director of Federal Programs at schools in her individual and official capacities; Donna Garvin, former special education teacher at Brevard Elementary in her individual and official capacities; and Jane Wohlers, former teacher's aide at Brevard Elementary School in her individual and official capacities, Defendants.

Court of Appeals of North Carolina.

February 7, 2006.

Attorney(s) appearing for the Case

The Law Office of Stacey B. Bawtinhimer, by Stacey Bawtinhimer, and Dixon, Doub, Conner & Foster, P.L.L.C., by Jeffery B. Foster, Ayden, for plaintiffs-appellees.

Cranfill, Sumner & Hartzog, L.L.P., by Ann S. Estridge and Meredith T. Black, Raleigh, for defendant-appellant Kathy Haehnel.

Roberts & Stevens, P.A., by Christoper Z. Campbell and Cynthia S. Grady, and Northup & McConnell, P.L.L.C., by Isaac N. Northup, Jr. and Elizabeth McConnell, Asheville, for joint defendants-appellants.

Tharrington Smith, L.L.P., by Ann L. Majestic and Deborah R. Stagner, and North Carolina School Boards Association, by Allison B. Schafer, Raleigh, for Amicus Curiae North Carolina School Boards Association.

CALABRIA, Judge.

Transylvania County Board of Education et al. ("defendants") and defendant Kathy Haehnel ("Haehnel") appeal from an order of the trial court, which denied, in pertinent part, their motions to dismiss. We dismiss, as interlocutory, the appeal of all defendants except Haehnel, and we reverse the trial court's denial of Haehnel's motion to dismiss.

The complaint alleged, inter alia, the...

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