Sink v. Easter

HUSKINS, Justice.

The question presented for review is whether the trial court erred in granting defendant’s motion for summary judgment. To reach the correct answer we must first determine when the action was commenced, and then determine whether defendant was duly served with process.

Rule 3 of the North Carolina Rules of Civil Procedure (G.S. 1A-1, Rule 3) reads as follows:

“A civil action is commenced by filing a complaint with the ¡court. The clerk shall enter the date of filing on the original complaint, and such entry shall be prima facie evidence of the date of filing.

A civil action may…