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SMITH v. NATIONWIDE MUT. FIRE INS. CO.

No. 8925SC146.

385 S.E.2d 152 (1989)

Daryl Preston SMITH v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, a Corporation.

Court of Appeals of North Carolina.

November 7, 1989.

Attorney(s) appearing for the Case

Randy D. Duncan, Hickory, for plaintiff-appellant.

Patrick, Harper & Dixon by Stephen M. Thomas, Hickory, for defendant-appellee.

WELLS, Judge.

As a preliminary matter we note that the trial court's order was incorrectly titled "Order for Partial Summary Judgment." Defendant has acknowledged responsibility for this error in his brief. It is not disputed that the trial court's order was for dismissal of plaintiff's claim for punitive damages pursuant to N.C.Gen.Stat. § 1A-1, Rule 12(b)(6) of the Rules of Civil Procedure. Ordinarily, an interlocutory order such as this is not immediately...

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