North Carolina Department of Transportation v. Davenport

ARNOLD, Judge. Initially it may be noted that this is a proper appeal even though it was taken from an interlocutory order. D.O.T. moved to dismiss on the ground of governmental immunity, and we have previously held that ""an immediate appeal lies under N.C. Gen. Stat. § 1-277(b) for the court's refusal to dismiss a suit against the state on the grounds of governmental immunity."" Stahl-Rider, Inc. v. State, 48 N.C. App. 380, 383, 269 S.E.2d 217, 219 (1980), (citing Sides v. Cabarus Memorial Hosp., 22 N.C. App. 117, 205 S.E.2d 784 (1974), modified on other grounds, 287 N.C. 14, 213 S.E.2d 297 (1975)).