ROBERTSON v. PRICE

No. COA07-257.

652 S.E.2d 352 (2007)

Katherine M. ROBERTSON, Plaintiff, v. Graham H. PRICE, Stone & Christy, P.A., William H. Christy and Bryant D. Webster, Defendants.

Court of Appeals of North Carolina.

November 6, 2007.


Attorney(s) appearing for the Case

Kelly & Rowe, P.A., by James Gary Rowe, Asheville, for plaintiff-appellant.

Long, Parker, Warren & Jones, P.A., by W. Scott Jones, Asheville, for defendants-appellees.


WYNN, Judge.

When a defendant is not served with process within the time allowed, the action may be continued by suing out an alias or pluries summons within 90 days where there is "an unbroken chain from the first summons to the time of actual service."1 Here, because the plaintiff failed to serve the defendants with process within the time allowed and did not create an unbroken chain of summonses referring back to the original summonses...

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