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Sweeney v. Penn8/6/2002
dictional power over him," is immediately appealable under N.C. Gen. Stat. ยง 1-277(b). Berger, 67 N.C. App. at 595, 313 S.E.2d at 829.
The trial court did not certify the matter as immediately appealable pursuant to Rule 54(b). Moreover, defendant hasassigned error to and argued only those matters which do not affect a substantial right. Therefore, those matters are not immediately appealable.
Finally, we decline defendant's request to review the trial court's denial of his Rule 12(b)(2) motion to dismiss under N.C.R. App. P. 2, as defendant has not fully developed the record and arguments to facilitate such review. See Williams v. Williams, 120 N.C. App. 707, 713, 463 S.E.2d 815, 820 (1995), aff'd, 343 N.C. 299, 469 S.E.2d 553 (1996)(providing that an appellant bears "ultimate responsibility" for composing the record and including therein any evidence and materials pertinent to a particular argument).
In light of the foregoing, this appeal is dismissed as interlocutory.
Dismissed.
Judges THOMAS and BIGGS concur.
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