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IN RE S.D.A.

No. COA04-54.

612 S.E.2d 362 (2005)

In the Matter of S.D.A., R.G.A., V.P.M., and J.L.M., Minor Children.

Court of Appeals of North Carolina.

May 17, 2005.

Attorney(s) appearing for the Case

Dameron Burgin & Parker, P.A., by Phillip T. Jackson, Marion; and Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C., by Eric M. Lieberman, David B. Goldstein, and Roger Bearden, New York City, pro hac vice, for intervenor-appellants.

Marshall & Roth, P.L.L.C., by Philip J. Roth, Asheville, for S.D.A. and R.G.A.

Hamrick, Bowen, Mebane, Greenway & Lloyd, LLP, by Bradley K. Greenway, Rutherfordton, for Rutherford County Department of Social Services.1

Smathers & Norwood, by E. Robert Hensley, Jr., Canton, for the mother.2

WYNN, Judge.

It is axiomatic that a trial court must have subject matter jurisdiction over a case to act in that case. In re N.R.M., T.F.M., 165 N.C. App. 294, 598 S.E.2d 147 (2004). Here, S.D.A., R.G.A., and the Covingtons contend that because the Lincoln County Department of Social Services (DSS) found no evidence of abuse and neglect, Rutherford County DSS, which referred the matter to the Lincoln County DSS for investigation...

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