Legal Opinion
Franklin v. Winn Dixie Raleigh, Inc.
Court of Appeals of North Carolina
Decided November 15, 1994No. 9310SC1039PublishedCited by 19 opinions
1Opinion of the Court
ORR, Judge.
I
Plaintiffs’ first assignment of error is that the trial court erred in granting the defendant’s motion to dismiss for insufficiency of process. The sufficiency of process for any civil action filed in North Carolina is governed by N.C. Gen. Stat. § 1A-1, Rule 4. Rule 4(a) states that “[u]pon the filing of the complaint, summons shall be issued forthwith . . . .” N.C. Gen. Stat. § 1A-1, Rule 4(a) (1990). Rule 4(b) states that a summons “shall be directed to the defendant or defendants.” N.C. Gen. Stat. § 1A-1, Rule 4(b) (1990).
On the significance of a summons, this Court has stated:
2Cases cited16 opinions
- Schiavone v. FortuneSupreme Court of the United States · 1986
- Harris v. MareadySupreme Court of North Carolina · 1984
- Hogsed v. . PearlmanSupreme Court of North Carolina · 1938
- Bailey v. McPhersonSupreme Court of North Carolina · 1951
- Childress v. Forsyth County Hospital Authority, Inc.Court of Appeals of North Carolina · 1984
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State Ex Rel. Cooper v. Ridgeway Brands Manufacturing, LLCCourt of Appeals of North Carolina · 2007
- Brown v. Winn-Dixie Montgomery, Inc.Mississippi Supreme Court · 1996
- Pierce v. JohnsonCourt of Appeals of North Carolina · 2002
- Liss v. Seamark FoodsCourt of Appeals of North Carolina · 2001
- Piland v. Hertford County Board of CommissionersCourt of Appeals of North Carolina · 2000
14 more not listed; retrieve them via the Exa API.