Fender v. Deaton

WALKER, Judge.

Plaintiffs filed an action against defendant on 9 October 1996, alleging fraud, constructive fraud, and negligence, based on legal malpractice. Plaintiffs attempted service of process on defendant on 11 October 1996, by certified mail, return receipt requested, pursuant to N.C. Gen. Stat. § 1A-1, Rule 4(j)(l)(c) (Cum. Supp. 1997). The certified mail which included the summons and complaint was addressed to the defendant at his law office and was received and signed for by defendant’s wife (Mrs. Deaton), an employee of the law firm who regularly received, opened, and distributed…