Civil Practice – Service of Process – Untimely – Summons Issuance

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Plaintiff filed his complaint on 25 October 2021. A summons was not issued within five days, so the action abated. Defendant filed his motion to dismiss the action on 29 November 2021, several days before plaintiff caused a summons to be issued on 2 December 2021. Accordingly, the action was not revived upon the issuance of the summons and the trial court did not err by granting defendant’s motion to dismiss.

Affirmed.

Payin v. Foy (Lawyers Weekly No. 011-095-23, 4 pp.) (Allegra Collins, J.)  Appealed from Wake County District Court (Ned Mangum, J.) Vincent Payin, pro se; no brief filed for defendant. North Carolina Court of Appeals