HOLLOWELL v. CARLISLE

No. 938SC618.

444 S.E.2d 681 (1994)

115 N.C. App. 364

Donald R. HOLLOWELL v. Robert Edward CARLISLE and Charles Edward Carlisle.

Court of Appeals of North Carolina.

June 21, 1994.


Attorney(s) appearing for the Case

Bailey & Dixon, by Gary S. Parsons, Patricia P. Kerner and Kenyann G. Brown, Raleigh, and George Lee Jenkins, Kinston, for plaintiff-appellant.

Wallace, Morris, Barwick & Rochelle, P.A., by Thomas H. Morris and Elizabeth H. McCullough, Kinston, for defendant-appellees.


ORR, Judge.

The central question is whether the trial court may, upon a showing of excusable neglect, grant an extension of time under these facts to serve a dormant summons where no alias and pluries summons has been obtained. In the court below, the trial court concluded when neither an endorsement nor an alias and pluries summons was issued within ninety days of the original filing that the action was discontinued pursuant to Rule 4(e), and that the court had no...

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