Even though the record shows that defendant was served with “the notice of hearing on domestic violence protective order, ex parte domestic violence order of protection, notice of ex parte hearing, complaint and motion,” there is no indication that defendant was served with a summons. Because defendant did not waive service of process, the trial court lacked jurisdiction over defendant when it issued a domestic violence protective order. As a result, the order was void, and the trial court abused its discretion when it did not provide defendant relief from the order under N.C. R. Civ. P. 60(b)(4).
Wolfe v. Poindexter (Lawyers Weekly No. 012-100-18, 7 pp.) (John Arrowood, J.) Appealed from Lincoln County District Court (Jeannette Reeves, J.) No brief filed for plaintiff; Blair Cody III for defendant. N.C. App. Unpub.