Legal Opinion

Sellers v. High Point Memorial Hospital, Inc.

Court of Appeals of North Carolina

Decided February 6, 1990No. 8918SC406PublishedCited by 5 opinions

1Opinion of the Court

ORR, Judge.

Plaintiffs argue that the trial court erred in dismissing its suit based upon a six-month delay in service of process. Under G.S. 1A-1, Rule 4(a), when a plaintiff files a complaint, a summons must be issued within five days and delivered to the sheriff of the county “where service is to be made” or another person “authorized by law to serve summons.” Service must be made within 30 days under Rule 4(c) unless otherwise excepted. Id. A summons may be extended by obtaining an alias and pluries summons pursuant to Rule 4(d). Id.

In the case sub judice, plaintiffs maintain that their…

2Cases cited4 opinions

  1. Estrada v. BurnhamSupreme Court of North Carolina · 1986
  2. Lumbee River Electric Membership Corp. v. City of FayettevilleSupreme Court of North Carolina · 1983
  3. Smith v. QuinnSupreme Court of North Carolina · 1989
  4. Smith v. StarnesSupreme Court of North Carolina · 1986

3Cited by5 opinions

  1. Melton v. StammCourt of Appeals of North Carolina · 2000
  2. Robinson v. ParkerCourt of Appeals of North Carolina · 1996
  3. Jones v. Catholic Charities of the Diocese of RaleighCourt of Appeals of North Carolina · 2024
  4. Meabon v. ElliottCourt of Appeals of North Carolina · 2021
  5. Meabon v. ElliottCourt of Appeals of North Carolina · 2021

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