Webb v. Price

STROUD, Judge.

Defendant Douglas H. Price, II appeals the trial court’s denial of his motion to dismiss. Because N.C. Gen. Stat. § 162-16 governs only a method of personal service of process upon a sheriff and does not establish the sole method of service of process upon a sheriff, N.C. Gen. Stat. § 162-16 is not applicable to service in this case, so defendant’s appeal is interlocutory. We therefore dismiss the appeal.

I. Background

On 30 December 2008, plaintiff filed a complaint alleging negligence on the part of defendants. The summons issued on 30 December 2008 expired, but an alias and…