Byrd v. Trustees of Watts Hospital, Inc.

BRITT, Judge.

Defendant Polanco’s Appeal

Defendant Polanco excepted to, and assigns as error, that part of the order denying his motion to dismiss the action as to him, or, in the alternative, to quash the service of process by publication. We think the trial court erred in denying defendant Polanco’s motion to quash the purported service of process by publication.

G.S. 1A-1, Rule 4(d) and (e), provide in pertinent part as follows:(d) Summons — extension; endorsement, alias and pluries. — When any defendant in a civil action is not served within the time allowed for service, the action may be…