green
Positive treatment
Issue: basis of sovereign immunityNC ↗
Issue: defense of sovereign immunityNC ↗
2.8 score
G Cite
cited 3× by 2 distinct cases, 2016–2017 ·
…this court has held that a denial of a rule 12(b)(6) motion to dismiss on the basis of sovereign immunity affects a substantial right and is immediately appealable.
⚠ not in text
Top citers, strongest first. 2 distinct citers.
How cited ↗
discussed
Cited "see, e.g."
Page by and Through McCabe v. Shu Chaing
See also Green v. Kearney , 203 N.C.App. 260 , 266, 690 S.E.2d 755 , 761 (2010) ("This Court has held that a denial of a Rule 12(b)(6) motion to dismiss on the basis of sovereign immunity affects a substantial right and is immediately appealable."), aff'd per curiam , 367 N.C. 113 , 748 S.E.2d 143 (2013).
discussed
Cited "see, e.g."
Murray v. Univ. of N.C. at Chapel Hill
See also Green v. Kearney, 203 N.C.App. 260 , 266, 690 S.E.2d 755 , 761 (2010) ("This Court has held that a denial of a Rule 12(b)(6) motion to dismiss on the basis of sovereign immunity affects a substantial right and is immediately appealable."), aff'd per curiam, 367 N.C. 113 , 748 S.E.2d 143 (2013).
Retrieving the full opinion text from the archive…
LARRY DONNELL GREEN, by and through his Guardian ad Litem, SHARON CRUDUP LARRY ALSTON, individually and RUBY KELLY, individually
v.
WADE R. KEARNEY, II PAUL KILMER KATHERINE ELIZABETH LAMELL PAMELA BALL HAYES RONNIE WOOD PHILLIP GRISSOM, JR. DR. J.B. PERDUE, individually and in his official capacity as Medical Examiner of Franklin County LOUISBURG RESCUE AND EMERGENCY MEDICAL SERVICES, INC. FRANKLIN COUNTY EMERGENCY MEDICAL SERVICES EPSOM FIRE AND RESCUE ASSOCIATION, INC. and FRANKLIN COUNTY, NORTH CAROLINA, a body politic
v.
WADE R. KEARNEY, II PAUL KILMER KATHERINE ELIZABETH LAMELL PAMELA BALL HAYES RONNIE WOOD PHILLIP GRISSOM, JR. DR. J.B. PERDUE, individually and in his official capacity as Medical Examiner of Franklin County LOUISBURG RESCUE AND EMERGENCY MEDICAL SERVICES, INC. FRANKLIN COUNTY EMERGENCY MEDICAL SERVICES EPSOM FIRE AND RESCUE ASSOCIATION, INC. and FRANKLIN COUNTY, NORTH CAROLINA, a body politic
No. 123A13.
Supreme Court of North Carolina.
Oct 4, 2013.
Bell & Vincent-Pope, P.A., by Judith M. Vincent-Pope, for plaintiff-appellants Larry Alston and Ruby Kelly.
,
Troutman Sanders LLP, by Gary S. Parsons and Whitney S. Waldenberg, for Pamela Ball Hayes, Ronnie Wood, and Louisburg Rescue and Emergency Medical Services, Inc.; and Young Moore and Henderson, P.A., by David M. Duke, for Wade R. Kearney, II, defendant-appellees.
,
Glenn, Mills, Fisher & Mahoney, P.A., by Carlos E. Mahoney, and Whitley Law Firm, by Ann C. Ochsner, for North Carolina Advocates for Justice, amicus curiae.
Pee.
Cited by 4 opinions | Published
PEE CURIAM.
AFFIRMED.