Legal Opinion

In re K.A.D.

Court of Appeals of North Carolina

Decided December 4, 2007No. COA07-662PublishedCited by 33 opinions

1Opinion of the Court

WYNN, Judge.

"Failure to issue a summons deprives the trial court of subject matter jurisdiction."1 In this case, Respondent-father argues that the trial court lacked subject matter jurisdiction over the termination of parental rights proceeding where no summons was issued to the juvenile. Because no summons was issued to the juvenile as required by N.C. Gen.Stat. § 7B-1106(a) (2005), we must vacate the order terminating Respondent-father's parental rights.

K.A.D., the juvenile, was born on 12 June 2003. Shortly after birth, the Wayne County Department of Social Services ("DSS") took K.A.D.…

2Cases cited4 opinions

  1. Childress v. Forsyth County Hospital Authority, Inc.Court of Appeals of North Carolina · 1984
  2. Latham v. CherryCourt of Appeals of North Carolina · 1993
  3. In re C.T.Court of Appeals of North Carolina · 2007
  4. Raleigh Rescue Mission, Inc. v. Board of AdjustmentCourt of Appeals of North Carolina · 2002

3Cited by33 opinions

  1. In re S.N.Court of Appeals of North Carolina · 2008
  2. In re J.T. (I)Supreme Court of North Carolina · 2009
  3. In re S.D.J.Court of Appeals of North Carolina · 2008
  4. In re J.A.P.Court of Appeals of North Carolina · 2008
  5. In re Foreclosure of Real Property Under Deed of Trust from YoungCourt of Appeals of North Carolina · 2013

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