Williams v. Williams

ARNOLD, Chief Judge.

At the outset, we note that this appeal would normally be dismissed as interlocutory. See Updike v. Day, 71 N.C. App. 636, 322 S.E.2d 622 (1984). Due to the importance of this issue, however, we have granted certiorari. In her first assignment of error, the plaintiff contends the trial court erred in determining that neglect, as used in Rule 4(h), means more than a mere failure to serve papers. The plaintiff argues that neglect can be found even where no sheriff misconduct is present. We disagree.

G.S. 1A-1, Rule 4(h) provides as follows:

Summons — When proper officer not…