Turner v. Hatchett

EAGLES, Judge.

During oral argument on appeal Mr. Smith’s counsel raised the question of lack of jurisdiction and argued that the trial court’s order should be vacated because the trial court lacked subject matter jurisdiction. After careful review of the record, we agree.

“Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action.” N.C.R. Civ. P. 12(h)(3) (emphasis added). “And objection to such jurisdiction may be made at any time during the progress of the action.” Baker v. Varser, 239 N.C. 180,…