Legal Opinion · Dissent

In Re Poole

Court of Appeals of North Carolina

Decided July 16, 2002No. COA01-871Published

1DissentTimmons-Goodson, Judge

Because I disagree with the majority’s conclusion that the trial court lacked jurisdiction to enter the order adjudicating Raven to be a dependent juvenile, I respectfully dissent.

Under the Juvenile Code, the district courts of North Carolina have “exclusive, original jurisdiction over any case involving a juvenile who is alleged to be abused, neglected, or dependent.” N.C. Gen. Stat. § 7B-200(a) (2001). The issuance and service of process is the means by which the court obtains jurisdiction, see N.C. Gen. Stat. § 7B-401 (2001), and thus where no summons is issued, the court acquires…

2Cases cited3 opinions

  1. Matter of MitchellCourt of Appeals of North Carolina · 1997
  2. Matter of YowCourt of Appeals of North Carolina · 1979
  3. In Re McAllisterCourt of Appeals of North Carolina · 1972

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