IN RE K.J.L.

No. 37A09.

677 S.E.2d 835 (2009)

In the Matter of K.J.L.

Supreme Court of North Carolina.

June 18, 2009.


Attorney(s) appearing for the Case

Charles E. Frye, III, Lexington, for petitioner-appellant Davidson County Department of Social Services, and Laura B. Beck, Attorney Advocate, Lexington, for appellant Guardian ad Litem.

Robert W. Ewing, Clemmons, for respondent-appellee mother.


NEWBY, Justice.

This case presents the question of whether a trial court lacks subject matter jurisdiction over an action when the summons in the case has not been signed by a statutorily designated member of the clerk of court's office and thus has not been legally issued. Because we hold that the lack of a proper summons implicates personal jurisdiction rather than subject matter jurisdiction, we reverse the decision of the Court of Appeals.

On 28 March...

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