Hazelwood v. Bailey

FRYE, Justice.

Plaintiff presents two related issues on this appeal: (1) whether the trial court erred in granting defendants’ motion to dismiss plaintiff’s claim due to the incorrect designation of the county on the civil summons form, and (2) whether the trial court erred in denying plaintiff’s motion to amend his summons under Rule 4(i) of the North Car olina Rules of Civil Procedure to substitute the correct county on the summons when there was no showing of any material prejudice to defendants. We answer the first question in the affirmative and therefore reverse the Court of Appeals. As…