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SHAVER v. N. C. MONROE CONST. CO.

No. 8118SC205.

283 S.E.2d 526 (1981)

Robert L. SHAVER v. N. C. MONROE CONSTRUCTION COMPANY and N. Carl Monroe, Individually.

Court of Appeals of North Carolina.

November 3, 1981.

Attorney(s) appearing for the Case

Smith, Moore, Smith, Schell & Hunter by McNeill Smith and Ben F. Tennille, Greensboro, for plaintiff-appellee.

Brooks, Pierce, McLendon, Humphrey & Leonard by Michael D. Meeker and Howard L. Williams, Greensboro, for defendants-appellants.

HEDRICK, Judge.

Defendants have attempted to appeal from an order denying their motion to dismiss plaintiff's first, second, and fifth causes of action "for lack of subject matter jurisdiction." "Ordinarily, there is no right of appeal from the refusal of a motion to dismiss." Godley Auction Co. v. Myers, 40 N.C. App. 570, 573, 253 S.E.2d 362

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