An Archdale restaurant owner wasn’t properly served with notice of a lawsuit in a Pennsylvania court, and so a default judgment rendered against him has been ruled invalid by the North Carolina Court of Appeals. Judge Mark Davis, writing ...

Tagged with: Service of Process

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 ...

Tagged with: Service of Process

Even though, at the address on defendant’s active driver’s license, defendant’s wife signed for the Federal Express delivery of plaintiff’s complaint and summons, since affidavits from defendant and his wife indicated that defendant had moved to the Philippines two years ...

Tagged with: Service of Process

  Watauga County v. Beal (Lawyers Weekly No. 011-312-17, 12 pp.) (Wanda Bryant, J.) Appealed from Watauga County District Court (Hal Harrison, J.) N.C. App. Holding: The plaintiff-county knew, from its many previous attempts to contact defendant to get her ...

Tagged with: due diligence Service of Process

Bullock v. North Carolina Department of Health & Human Services (Lawyers Weekly No. 012-164-16, 11 pp.) (Douglas McCullough, J.) Appealed from Granville County Superior Court (Kendra Hill, J.) N.C. App. Unpub. Holding: Petitioner’s service of process on respondent’s counsel of ...

Tagged with: Service of Process

Yammy’s Sauces, Inc. v. Packo Bottling, Inc. (Lawyers Weekly No. 012-088-16, 11 pp.) (Robert Hunter Jr., J.) Appealed from Pitt County Superior Court (Alma Hinton, J.) N.C. App. Unpub. Holding: The trial court properly sanctioned the appellant-attorney who, despite numerous ...

Tagged with: Service of Process

A bank that found itself hit with a $98.5 million default judgment after the summons for a lawsuit lay unread for months on a departed employee’s desk will not be able to collect insurance coverage for the cost of having ...

Tagged with: Service of Process

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 ...

Tagged with: Service of Process

Builders Mutual Insurance Co. v. Doug Besaw Enterprises (Lawyers Weekly No. 15-07-0721, 11 pp.) (Wanda Bryant, J.) Appealed from Wake County District Court (Debra Sasser, J.) N.C. App. Holding: In serving process on defendant, the Secretary of State skipped the ...

Tagged with: Service of Process

Soft Line, S.p.A. v. Italian Homes, LLC (Lawyers Weekly No. 15-15-0231, 6 pp.) (James Gale, C.J.) 2015 NCBC 24 Holding: Although the court is mindful of the due process considerations attendant to substituted or alternative service, it will not endorse ...

Tagged with: Service of Process