Harris v. Pembaur

ORR, Judge.

The issue for consideration is whether the trial court properly dismissed plaintiffs case for lack of subject matter jurisdiction and lack of personal jurisdiction.

We first address the question of subject matter jurisdiction. Jurisdiction of the court over the subject matter of an action is the most critical aspect of the court’s authority to act. Subject matter jurisdiction refers to the power of the court to deal with the kind of action in question. W. Shuford, N. C. Civil Practice and Procedure § 12-6 (1981).

Subject matter jurisdiction is conferred upon the courts by either the…