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Broughton v. Dumont

Filed: November 6, 1979.

CELESTE G. BROUGHTON
v.
HARRY DUMONT



Appeal by plaintiff from Godwin, Judge. Judgment entered 12 September 1978 in Superior Court, Wake County. Heard in the Court of Appeals 21 September 1979.

Wells, Judge. Judges Vaughn and Clark concur.

Wells

Plaintiff has brought forward twelve separate assignments of error. We need to deal with but two: 1) whether the trial court committed error in granting defendant's motion to dismiss for insufficiency of process; and 2) whether the trial court abused its discretion in denying plaintiff's motion to amend the summons.

Plaintiff's complaint contains the following allegations with respect to the residence of the defendant:

1. The defendant is a resident of 15 Grove Wood Drive, Asheville, North Carolina. He is a licensed, practicing attorney and a partner in the law firm of Uzzell and DuMont, 311 Jackson Building, Asheville, North Carolina 28807.

The summons was directed to:

Harry DuMont

Uzzell and DuMont Attorneys

311 Jackson Building

Asheville, N.C. 28807

The return of service on the summons was not filled in. The only indication of service included in the record was a certified mail return receipt signed by one R. E. Harrell. The certified mail return receipt indicated no form of restricted delivery, did not indicate the name or address of the addressee, and disclosed no date of delivery.

On a motion to dismiss for insufficiency of process where the trial court entered an order without making findings of fact, the Court of Appeals will determine as a matter of law if the manner of service of process was correct. Philpott v. Johnson, 38 N.C. App. ...


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