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TURNER v. HAMMOCKS BEACH CORP.

No. 450A08.

681 S.E.2d 770 (2009)

Harriett Hurst TURNER and John Henry Hurst v. The HAMMOCKS BEACH CORPORATION, Nancy Sharpe Caird, Seth Dickman Sharpe, Susan Spear Sharpe, William August Sharpe, North Carolina State Board of Education, and Roy A. Cooper, III, in his capacity as Attorney General of the State of North Carolina.

Supreme Court of North Carolina.

August 28, 2009.

Attorney(s) appearing for the Case

The Francis Law Firm, PLLC, by Charles T. Francis, Raleigh, for plaintiff-appellants.

Hunton & Williams LLP, by Frank E. Emory, Jr., Charlotte, for defendant-appellee The Hammocks Beach Corporation.

NEWBY, Justice.

This case presents two issues. First we must determine whether the trial court's interlocutory order denying defendant's motion to dismiss is suitable for immediate appellate review. If that order is immediately appealable, we must then decide whether the trial court erred in denying defendant's motion to dismiss. We hold that the interlocutory order at issue affects a substantial right of defendant, and we therefore affirm the Court of Appeals' conclusion...

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