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LEANDRO v. STATE

COA 95-321.

468 S.E.2d 543 (1996)

Kathleen M. LEANDRO, individually and as guardian ad litem of Robert A. Leandro; Steven R. Sunkel, individually and as guardian ad litem for Andrew J. Sunkel; Clarence L. Pender, individually and as guardian ad litem of Schnika N. Pender; Tyrone T. Williams, individually and as guardian ad litem of Trevelyn L. Williams; D.E. Locklear, Jr., individually and as guardian ad litem of Jason E. Locklear; Angus B. Thompson, II, individually and as guardian ad litem of Vandaliah J. Thompson; Jennie G. Pearson, individually and as guardian ad litem of Sharese D. Pearson; Wayne Tew, individually and as guardian ad litem of Natosha L. Tew; Dana Holton Jenkins, individually and as guardian ad litem of Rachel M. Jenkins; Floyd Vick, individually and as guardian ad litem of Ervin D. Vick; Hoke County Board of Education; Halifax County Board of Education; Robeson County Board of Education; Cumberland County Board of Education; Vance County Board of Education; Plaintiff-Appellees, and Cassandra Ingram, individually and as guardian ad litem of Darris Ingram; Carol Penland, individually and as guardian ad litem of Jeremy Penland; Darlene Harris, individually and as guardian ad litem of Shamek Harris; Nettie Thompson, individually and as guardian ad litem of Annette Renee Thompson; David Martinez, individually and as guardian ad litem of Daniela Martinez; Ophelia Aiken, individually and as guardian ad litem of Brandon Bell; Asheville City Board of Education; Buncombe County Board of Education; Charlotte-Mecklenburg Board of Education; Durham Public Schools Board of Education; Wake County Board of Education; Winston-Salem/Forsyth County Board of Education, Plaintiff-Intervenor-Appellees, v. STATE of North Carolina; State Board of Education; Defendant-Appellants.

Court of Appeals of North Carolina.

March 19, 1996.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Senior Deputy Attorney General Edwin M. Speas, Jr., Special Deputy Attorney General Tiare B. Smiley, and Special Deputy Attorney General Ronald M. Marquette, for defendant appellants.

Parker, Poe, Adams & Bernstein L.L.P. by Robert W. Spearman, Robert H. Tiller, and Heman R. Clark, and Hux Livermon & Armstrong by H. Lawrence Armstrong, Jr., Raleigh, for plaintiff appellees.

Smith Helms Mulliss & Moore, L.L.P. by Gary R. Govert, and Hogan & Hartson, L.L.P. by Allen R. Snyder, Raleigh, for plaintiff-intervenor appellees.

ARNOLD, Chief Judge.

Although denial of a motion to dismiss under N.C.Gen.Stat. § 1A-1, Rule 12(b)(2) is immediately appealable, Teachy v. Coble Dairies, Inc., 306 N.C. 324, 327, 293 S.E.2d 182, 184 (1982), denial of a motion to dismiss under Rule 12(b)(1) or 12(b)(6) is ordinarily interlocutory and not immediately appealable. Id. at 326-27, 293 S.E.2d at 183-84. Pursuant to Rule 21 of the North Carolina Rules...

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