MEYER v. WALLS

No. COA95-423.

471 S.E.2d 422 (1996)

122 N.C. App. 507

Patricia M. MEYER, Administratrix for the Estate of Clearman I. Frisbee, Plaintiff/Appellant, v. Jo Ann WALLS, individually and in her Official Capacity as License Holder and Administrator of Community Care of Haywood, No. 3; George Andrew Brown, III, individually and as George Andrew Brown d/b/a A&B Excavating, Inc.; A&B Excavating, Inc.; County of Buncombe; Buncombe County Department of Social Services; Calvin E. Underwood, Jr., Individually and in his Official Capacity as Director of the Buncombe County Department of Social Services; Kay Barrow, Individually and in her Official Capacity as Supervisor at the Buncombe County Department of Social Services; Mackey Miller, Individually, and in his Official Capacity as a Social Worker at the Buncombe County Department of Social Services, Defendants/Appellees.

Court of Appeals of North Carolina.

June 4, 1996.


Attorney(s) appearing for the Case

Hyler & Lopez, P.A. by George B. Hyler, Jr., and Robert J. Lopez, Asheville, for plaintiff-appellant.

Charlotte A. Wade, Asheville, for defendant-appellees.


EAGLES, Judge.

Plaintiff first argues that the trial court erred in granting defendant Buncombe County DSS' motion to dismiss pursuant to Rule 12(b)(1) for lack of subject matter jurisdiction. We agree and remand to the Superior Court because we conclude that the trial court erred in failing to make additional findings necessary to determine in what forum jurisdiction properly lies.

"[A] subordinate division of the state, or agency exercising statutory governmental...

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