Legal Opinion

In re K.J.L.

Supreme Court of North Carolina

Decided June 18, 2009No. 37A09PublishedCited by 45 opinions

1Opinion of the Court

NEWBY, Justice.

This case presents the question of whether a trial court lacks subject matter jurisdiction over an action when the summons in the case has not been signed by a statutorily designated member of the clerk of court’s office and thus has not been legally issued. Because we hold that the lack of a proper summons implicates personal jurisdiction rather than subject matter jurisdiction, we reverse the decision of the Court of Appeals.

On 28 March 2006, the Davidson County Department of Social Services (“DSS”) filed a juvenile petition alleging that the juvenile K.J.L. was neglected and…

2Cases cited12 opinions

  1. In re T.R.P.Supreme Court of North Carolina · 2006
  2. Grimsley v. NelsonSupreme Court of North Carolina · 1996
  3. Hatch v. Alamance Railway Co.Supreme Court of North Carolina · 1922
  4. Hatch v. . R. R.Supreme Court of North Carolina · 1922
  5. Dellinger v. BollingerSupreme Court of North Carolina · 1955

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3Cited by45 opinions

  1. Boseman v. JarrellSupreme Court of North Carolina · 2010
  2. In re M.I.W.Supreme Court of North Carolina · 2012
  3. Stunzi v. Medlin Motors, Inc.Court of Appeals of North Carolina · 2011
  4. Wellons v. WhiteCourt of Appeals of North Carolina · 2013
  5. State v. PettyCourt of Appeals of North Carolina · 2011

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