ROBINSON v. PARKER

No. COA95-890.

476 S.E.2d 406 (1996)

Roy R. ROBINSON and Hilda Robinson, his wife, Plaintiffs, v. William P. PARKER, Jr., M.D., John L. Remington, M.D., and Delaney Radiologists, P.A., a North Carolina Professional Association, Defendants.

Court of Appeals of North Carolina.

October 15, 1996.


Attorney(s) appearing for the Case

Larry M. Coe, Wilmingtom, and Bailey & Dixon, L.L.P. by Gary S. Parsons and John M. Kirby, Raleigh, for plaintiffs-appellants.

Baker, Jenkins, Jones & Daly, P.A. by R.B. Daly, Jr. and Kevin N. Lewis, Ahoskie, for defendants-appellees John L. Remington, M.D., and Delaney Radiologists, P.A.

Harris, Shields & Creech, P.A. by Thomas E. Harris and R. Brittain Blackerby, New Bern, for defendant-appellee William P. Parker, Jr., M.D.


EAGLES, Judge.

We note at the outset that each defendant's "motion to quash issuance and service of process" fails to cite "the rule number or numbers under which [defendants are] proceeding." General Rules of Practice for the Superior Court, Rule 6 (1985). While this defect itself at times may be fatal, Sherman v. Myers, 29 N.C. App. 29, 30, 222 S.E.2d 749, 750, disc. review denied, 290 N.C. 309

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