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Civil Practice – Service of Process – Alias & Pluries Summons – Relation Back – Statute of Limitations
Teresa Bruno, Opinions Editor//February 23, 2016//
Hall v. Greene (Lawyers Weekly No. 012-039-16, 7 pp.) (Chris Dillon, J.) Appealed from Durham County Superior Court (G. Bryan Collins Jr., J.) N.C. App. Unpub.
Holding: Plaintiffs’ alias and pluries summons left blank the section for “date original summons issued,” so the purported alias and pluries summons did not relate back to the original summons. Therefore, the purported alias and pluries summons initiated a new action. Since the alias and pluries summons was issued outside the statute of limitations, plaintiffs’ claims are time-barred.
We affirm the trial court’s grant of defendants’ motion to dismiss.
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