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FRANKLIN v. WINN DIXIE RALEIGH, INC.

No. 9310SC1039.

450 S.E.2d 24 (1994)

117 N.C. App. 28

Eugene K. FRANKLIN, David L. Franklin, Co-Executors of the Estate of Henry B. Franklin, and Wava K. Franklin, Plaintiffs, v. WINN DIXIE RALEIGH, INC., Defendant.

Court of Appeals of North Carolina.

November 15, 1994.

Attorney(s) appearing for the Case

Marvin Schiller and William E. Moore, Jr., Raleigh, Wallace R. Young, Jr., Cary, for plaintiff-appellants.

Patterson, Dilthey, Clay & Bryson, L.L.P. by G. Lawrence Reeves, Raleigh, for defendant-appellee.

ORR, Judge.

I.

Plaintiffs' first assignment of error is that the trial court erred in granting the defendant's motion to dismiss for insufficiency of process. The sufficiency of process for any civil action filed in North Carolina is governed by N.C.Gen.Stat. § 1A-1, Rule 4. Rule 4(a) states that "[u]pon the filing of the complaint, summons shall be issued forthwith...." N.C.Gen.Stat. § 1A-1, Rule 4(a...

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