Shiloh Methodist Church v. Keever Heating & Cooling Co.

GREENE, Judge.

Shiloh Methodist Church (plaintiff) appeals from an order granting Keever Heating and Cooling Co.’s (defendant) motion for summary judgment.

The relevant facts are as follows: On 8 October 1992, plaintiff filed a complaint alleging negligence (occurring in January 1991) on the part of the defendant. The clerk of court issued a summons to the defendant on 8 October 1992, the same day the complaint was filed. The defendant’s principal place of business was in Taylorsville, Alexander County, North Carolina, but the summons was mistakenly sent to the Sheriff of Catawba County for…