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LOCKLEAR v. SCOTLAND MEMORIAL HOSP., INC.

No. 9416SC656.

457 S.E.2d 764 (1995)

119 N.C. App. 245

Lorraine H. LOCKLEAR, as Administratrix of the Estate of Lisa Robin Jacobs, deceased, and Hal H. Locklear, as Guardian Ad Litem of Anthony Jacobs v. SCOTLAND MEMORIAL HOSPITAL, INC., and Keith M. Wayment, M.D.

Court of Appeals of North Carolina.

June 6, 1995.

Attorney(s) appearing for the Case

Law Offices of Grover C. McCain, Jr. by Grover C. McCain, Jr. and Kenneth B. Oettinger, Chapel Hill, for plaintiffs-appellants.

Young, Moore, Henderson & Alvis, P.A. by Joseph W. Williford, Raleigh, for defendant-appellee Keith M. Wayment, M.D.

MARK D. MARTIN, Judge.

The issue on appeal is whether the trial court, pursuant to N.C.Gen.Stat. § 1A-1, Rule 6(b), has discretion to retroactively extend the time provided in N.C.Gen.Stat. § 1A-1, Rule 4(d), for issuance of an alias and pluries summons or for an endorsement upon the original summons to effectuate service. We affirm.

On 29 January 1991 plaintiffs commenced a wrongful death and survival action against defendants Scotland Memorial...

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