Legal Opinion

In re S.D.A.

Court of Appeals of North Carolina

Decided May 17, 2005No. COA04-54PublishedCited by 5 opinions

1Opinion of the Court

WYNN, Judge.

It is axiomatic that a trial court must have subject matter jurisdiction over a case to act in that case. In re N.R.M., T.F.M., 165 N.C.App. 294, 598 S.E.2d 147 (2004). Here, S.D.A., R.G.A., and the Covingtons contend that because the Lincoln County Department of Social Services (DSS) found no evidence of abuse and neglect, Rutherford County DSS, which referred the matter to the Lincoln County DSS for investigation due to a conflict, lacked the power to invoke the jurisdiction of the trial court under sections 7B-302(c) and (d) of the North Carolina General Statutes. We agree and…

2Cases cited7 opinions

  1. Harris v. PembaurCourt of Appeals of North Carolina · 1987
  2. In Re StumboSupreme Court of North Carolina · 2003
  3. Reece v. ForgaCourt of Appeals of North Carolina · 2000
  4. In re N.R.M.Court of Appeals of North Carolina · 2004
  5. Matter of Transportation of JuvenilesCourt of Appeals of North Carolina · 1991

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

3Cited by5 opinions

  1. People ex rel. T.D.Colorado Court of Appeals · 2006
  2. In re S.E.P.Court of Appeals of North Carolina · 2007
  3. State v. FrinkCourt of Appeals of North Carolina · 2006
  4. In re E.H.Court of Appeals of North Carolina · 2013
  5. In re A.G.M.Court of Appeals of North Carolina · 2015

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