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WEBB v. PRICE

No. COA10-284.

708 S.E.2d 94 (2011)

Dana D. WEBB, Plaintiff, v. Douglas H. PRICE, II and New Hanover County Sheriff's Department, Defendants.

Court of Appeals of North Carolina.

March 1, 2011.

Attorney(s) appearing for the Case

Fox Law, P.A., Greensboro, by Angela Bullard Fox , and David & Associates, Wilmington, by D. Stuart Smith , for plaintiff-appellee.

Teague, Campbell, Dennis & Gorham, L.L.P., Raleigh, by Christopher G. Lewis and Natalia K. Isenberg , for defendant-appellant Douglas H. Price, II.

STROUD, Judge.

Defendant Douglas H. Price, II appeals the trial court's denial of his motion to dismiss. Because N.C. Gen.Stat. § 162-16 governs only a method of personal service of process upon a sheriff and does not establish the sole method of service of process upon a sheriff, N.C. Gen.Stat. § 162-16 is not applicable to service in this case, so defendant's appeal is interlocutory. We therefore dismiss the appeal.

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