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PENTECOSTAL PILGRIMS v. CONNOR

No. COA09-398.

688 S.E.2d 81 (2010)

PENTECOSTAL PILGRIMS AND STRANGERS CORPORATION, Plaintiff, v. Mark E. CONNOR, Fonville Morisey Realty, Inc., and Mount Peace Baptist Church, Defendants.

Court of Appeals of North Carolina.

January 19, 2010.

Attorney(s) appearing for the Case

The Shanahan Law Group, PLLC, by Kieran Shanahan, Raleigh, for plaintiff appellant.

Wardell & Associates, PLLC, by Bryan E. Wardell, Raleigh, for Mount Peace Baptist Church defendant appellee.

HUNTER, JR., ROBERT N., Judge.

Plaintiff, Pentecostal Pilgrims and Strangers Corporation ("Pentecostal Pilgrims"), appeals from an order allowing the motion to dismiss of defendant Mount Peace Baptist Church ("Mount Peace"), for failure to state a claim upon which relief may be granted pursuant to North Carolina Rule of Civil Procedure 12(b)(6). Neither party has addressed the jurisdictional threshold question of whether this appeal is interlocutory and, if so, nonetheless...

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