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Home / Opinion Digests / Civil Practice / Civil Practice – Subject Matter Jurisdiction – Service of Process – Delivery Receipt – Alias & Pluries Summonses – Domestic Relations

Civil Practice – Subject Matter Jurisdiction – Service of Process – Delivery Receipt – Alias & Pluries Summonses – Domestic Relations

Because plaintiff did not attach the required delivery receipt to the affidavit of service, Plaintiff failed to properly serve Defendant in her Mecklenburg County action. Consequently, the Mecklenburg County District Court did not have jurisdiction over the case.

We affirm the Scotland County District Court’s order dismissing plaintiff’s claims for lack of subject matter jurisdiction.

Because the court must deem the matter as if Plaintiff never filed the action, no appearance by Defendant could revive the action. Thus, the Mecklenburg County District Court did not have jurisdiction to enter the consent order to change venue to Scotland County, and the Scotland County District Court also did not have jurisdiction over the matter.

Affirmed.

Block v. Block (Lawyers Weekly No. 012-161-18, 11 pp.) (Robert Hunter, J.) Appealed from Scotland County District Court (Michael Stone, J.) Mark Spencer Williams, Richard Forrest Kern and Christine Sprow for plaintiff; R. Michael Schmidt for defendant. N.C. App. Unpub.

 


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