New Hanover County Child Support Enforcement ex rel. Beatty v. Greenfield Where the process server’s affidavit showed that he was authorized to serve process in Virginia and that he left copies of the summons and complaint with defendant himself, service of process was sufficient.

Tagged with: Affidavit Civil Practice Domestic Relations Service of Process

New Bern Riverfront Development, LLC v. Weaver Cooke Construction, LLC Where this court has found that the plaintiff-debtor sufficiently pled claims for professional negligence and common-law negligence against defendant National Erectors Rebar, Inc., the debtor’s claims subject National to potential tort liability. Therefore, based upon the debtor’s allegations, National may allege claims for contribution and implied-in-law indemnity against other subcontractors. The court denies the crossclaim defendants’ and third-party defendant’s (movants’) motions to dismiss National’s crossclaims and third-party complaint.

Tagged with: Civil Practice Service of Process Tort/Negligence

Dougherty Equipment Co. v. M.C. Precast Concrete, Inc. Plaintiff served process on the defendant-corporation by using Federal Express to overnight the summons and complaint to the address of defendant's registered agent. Even though the receptionist - and not the registered agent himself - signed the FedEx receipt, plaintiff was entitled to a rebuttable presumption that the receptionist was an agent of the addressee, authorized to accept service on the addressee's behalf.

Tagged with: Civil Practice FedEx Service of Process

B. Kelley Enterprises, Inc. v. Vitacost.com, Inc. In an earlier Florida lawsuit, the lessee should have followed Florida law and asked the Forsyth County sheriff to serve process on the lessor. Since the lessee instead had a private individual serve process on the lessor, the Florida default judgment against the lessor does not bar the lessor's present case against the lessee.

Tagged with: Default Judgment personal jurisdiction res judicata Service of Process

Jones v. Wallis. (Lawyers Weekly No. 11-07-0392, 15 pp.) (Sanford L. Steelman Jr., J.) Appealed from Guilford County Superior Court. (Catherine C. Eagles & Edgar B. Gregory, JJ.) N.C. App. Click here for the full text of the opinion. Holding: ...

Tagged with: Contract Default due diligence Guilford County Service of Process

Long v. Gateway Communities, LLC. Plaintiff's summons and complaint named "B&G Realty Co. (formally known as Brown and Glenn Realty Co.)" as a defendant in a lawsuit claiming the defendant had failed to . . .

Tagged with: Civil Practice Mecklenburg County Service of Process

Webb v. Price. (Lawyers Weekly No. 11-07-0235, 6 pp.) (Donna S. Stroud, J.) Appealed from New Hanover County Superior Court. (W. Allen Cobb Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: The defendant-sheriff was ...

Tagged with: Civil Practice New Hanover County Service of Process Sheriff

Hammond v. Hammond. Where the plaintiff-husband translated the summons into Japanese and forwarded a service request to the central authority of Japan within a reasonable time, he made a good-faith . . .

Tagged with: Civil Practice Domestic Relations Iredell County personal jurisdiction Service of Process subject-matter jurisdiction UCCJEA

Johnson v. BAC Home Loans Servicing. (Lawyers Weekly No. 11-02-0098, 12 pp.) (James C. Fox, J.) E.D.N.C. Holding: A plaintiff proceeding pro se should be given more latitude in correcting defects of process of service. When an amended complaint of ...

Tagged with: Banks & Banking Service of Process

Khalid K. Khan v. Chris Leith Chevrolet. (Lawyers Weekly No. 11-02-0059, 8 pp.) (Fox, J.), USDC, Eastern District of North Carolina, Western Division, No. 5:10-CV-33-F, December 30, 2010, Khalid K. Khan Pro Se. Click here for the full text of ...

Tagged with: Civil Practice Service of Process