Legal Opinion · Dissent

In re D.B.

Court of Appeals of North Carolina

Decided November 6, 2007No. COA06-1426-2Published

1DissentTyson, Judge

The majority's opinion holds a second summons, issued and served without a new verified petition or complaint being filed or with a court order issued and attached to allow a delayed filing, revives and reinvokes the court's subject matter jurisdiction to decide allegations contained in a discontinued and void petition. I disagree. The original summons and verified petition was not served on respondents within sixty days and no extension by endorsement or alias and pluries summons was issued by the Clerk of Superior Court. That action was discontinued and the trial court lost jurisdiction…

2Cases cited12 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Lemons v. Old Hickory Council, Boy Scouts of America, Inc.Supreme Court of North Carolina · 1988
  3. In Re ShermerCourt of Appeals of North Carolina · 2003
  4. Bache Halsey Stuart, Inc. v. HunsuckerCourt of Appeals of North Carolina · 1978
  5. Reece v. ForgaCourt of Appeals of North Carolina · 2000

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