Robinson v. Parker

EAGLES, Judge.

We note at the outset that each defendant’s “motion to quash issuance and service of process” fails to cite “the rule number or numbers under which [defendants are] proceeding.” General Rules of Practice for the Superior Court, Rule 6 (1985). While this defect itself at times may be fatal, Sherman v. Myers, 29 N.C. App. 29, 30, 222 S.E.2d 749, 750, disc. review denied, 290 N.C. 309, 225 S.E.2d 830 (1976), the trial court in its discretion did not find it so here. We treat each defendant’s motion as one challenging the sufficiency of process pursuant to Rule 12, and we review the…