Legal Opinion

In re A.B.D.

Court of Appeals of North Carolina

Decided September 6, 2005No. COA04-941PublishedCited by 25 opinions

1Opinion of the Court

WYNN, Judge.

Civil Procedure Rule 4 required, at the time this action was instituted, that service of process be effectuated within thirty days of the issuance of a summons. N.C. Gen.Stat. § 1-1A, Rule 4 (1999). Where service does not occur within the required period and an endorsement, extension, or alias/pluries summons is not acquired within ninety days of the summons' issuance, the action is discontinued, the trial court lacks jurisdiction, and any judgment rendered is void. Cole v. Cole, 37 N.C.App. 737, 738, 247 S.E.2d 16, 17 (1978). In the case sub judice, Respondent contends that…

2Cases cited33 opinions

  1. Clark v. ClarkSupreme Court of North Carolina · 1980
  2. Harris v. PembaurCourt of Appeals of North Carolina · 1987
  3. Williams v. Blue Cross Blue Shield of NCSupreme Court of North Carolina · 2003
  4. In Re ClarkSupreme Court of North Carolina · 1981
  5. Harris v. MareadySupreme Court of North Carolina · 1984

28 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Conner Brothers MacHine Company, Inc. v. RogersCourt of Appeals of North Carolina · 2006
  2. In re C.T.Court of Appeals of North Carolina · 2007
  3. In re K.J.L.Court of Appeals of North Carolina · 2008
  4. In re D.B.Court of Appeals of North Carolina · 2007
  5. In re T.P.Court of Appeals of North Carolina · 2009

20 more not listed; retrieve them via the Exa API.

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