Philbin Investments, Inc. v. Orb Enterprises, Ltd.

ERWIN, Judge.

Defendants first assign as error the trial court’s denial of their motion to dismiss, asserting lack of jurisdiction over the person, insufficiency of service of process, and incapacity of plaintiff to sue. We note at the outset that the “Stipulations of Record on Appeal” contain the following:

“1. That the Buncombe County Superior Court had jurisdiction over all parties to this action and the subject matter therein.

2. . . . that said action was properly before the Court.”

Thus, defendants cannot now be heard to assert lack of jurisdiction over the person or insufficiency of…