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MABEE v. ONSLOW COUNTY SHERIFF'S DEPT.

No. COA04-1628.

620 S.E.2d 307 (2005)

Ronald MABEE and wife Beverly Mabee, Plaintiffs-Appellants v. ONSLOW COUNTY SHERIFF'S DEPARTMENT, Ed Brown in his capacity as Sheriff of Onslow County, Kirk Newkirk in his capacity as a Deputy Sheriff for the County of Onslow, several unknown Deputy Sheriffs in their capacity as Deputy Sheriffs of the County of Onslow, Charles J. Roberts, in his individual capacity, Defendants-Appellees.

Court of Appeals of North Carolina.

October 18, 2005.

Attorney(s) appearing for the Case

Jeffrey S. Miller, Jacksonville, for plaintiffs-appellants.

Womble Carlyle Sandridge & Rice, L.L.P., by Mark A. Davis, Raleigh, for defendants-appellees.

CALABRIA, Judge.

Ronald and Beverly Mabee ("appellants") appeal the 12 July 2004 order granting a motion to dismiss with prejudice as to Ed Brown, Kirk Newkirk, and the Onslow County Sheriff's Department ("appellees"). The trial court granted appellees' motion citing insufficiency of service of process and lack of personal jurisdiction. We agree.

On 30 May 2000 and again on 27 June 2000, appellee Kirk Newkirk, Deputy Sheriff of Onslow County, North Carolina...

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