Dougherty Equipment Co. v. M.C. Precast Concrete, Inc.

STROUD, Judge.

Plaintiff appeals from the trial court’s order granting defendant’s motion for relief from judgment and motion to dismiss due to improper service. As the trial court failed to consider whether service of process was proper under N.C. Gen. Stat. § 1A-1, Rule 4(j2)(2), we reverse and remand.

I. Background

On 25 May 2009, plaintiff filed a complaint against defendant for breach of contract based upon defendant’s failure to pay plaintiff for equipment, goods, and services sold and provided to defendant on an open account. Plaintiff sought payment of $46,573.17, plus interest of 1.5%…