JACKSON COUNTY v. SWAYNEY

No. 8430DC976.

331 S.E.2d 145 (1985)

JACKSON COUNTY By and Through its CHILD SUPPORT ENFORCEMENT AGENCY, ex rel. Annette JACKSON v. John Wesley SWAYNEY.

Court of Appeals of North Carolina.

July 2, 1985.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Robert E. Cansler, Black Mountain, for plaintiff-appellant.

Coward, Dillard, Cabler, Sossomon & Hicks, P.A. by Creighton W. Sossoman, Highland, for defendant-appellee.


PARKER, Judge.

The sole issue presented on this appeal is whether the trial court lacked subject matter jurisdiction to decide this case on its merits. Defendant waived his right to contest lack of personal jurisdiction when he filed his answer without raising this defense. G.S. 1A-1, Rule 12(h)(2). Lack of subject matter jurisdiction may always be raised by a party, or the court may raise such defect on its own initiative, even after an answer has been filed. G.S...

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