HEMMINGS v. GREEN

No. COA94-1247.

468 S.E.2d 278 (1996)

Harold Dee HEMMINGS, Plaintiff, v. Ernest G. GREEN, Defendant.

Court of Appeals of North Carolina.

April 2, 1996.


Attorney(s) appearing for the Case

Gordon & Nesbit, P.L.L.C by L.G. Gordon, Jr., and Thomas L. Nesbit, Winston-Salem, for plaintiff-appellant.

Bowden & Rabil, P.A. by S. Mark Rabil, Winston-Salem, for defendant-appellee.


COZORT, Judge.

The issue in this case is whether plaintiff's service of a "Delayed Service of Complaint" form constitutes valid service on defendant, since said form does not notify defendant of an obligation to appear at a certain place to answer the complaint. We hold that the form is not a substitute for a summons and is not a valid method of service. The trial court dismissed plaintiff's case for lack of service, and we affirm.

On 18 March 1994, plaintiff...

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