Dozier v. Crandall

ORR, Judge.

The issue on appeal is whether the trial court erred in dismissing plaintiff’s case on the ground that it did not have authority to extend the time for filing the alias and pluries summons. For the reasons set forth below, we affirm the judgment of the trial court.

Under Rule 4 of the North Carolina Rules of Civil Procedure, a summons must be served within 30 days of its issuance. N.C. Gen. Stat. § 1A-1, Rule 4(c) (1990). A summons not served within 30 days loses its vitality and becomes functus officio, and service obtained thereafter does not confer jurisdiction on the trial court…