New Hanover County Child Support Enforcement ex rel. Beatty v. Greenfield
219 N.C. App. 531
| N.C. Ct. App. | 2012Background
- This is a paternity and child support action involving T.G.; plaintiff is the New Hanover County Child Support Enforcement Agency.
- Plaintiff attempted service on defendant at six addresses across multiple states over about four years without success.
- Defendant was finally served on October 25, 2005 in Richmond, Virginia by process server Eddie W. Null, Sr., per affidavit.
- Trial court held defendant to be T.G.'s father and ordered monthly support with retroactive support; multiple show-cause orders followed for nonpayment.
- Defendant moved to dismiss on lack of personal jurisdiction and insufficiency of service; trial court denied the motion.
- On appeal, the issue is whether service of process was valid under Rule 4 and related North Carolina proof-of-service statutes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether service of process complied with Rule 4 and §1-75.10. | Null’s affidavit proved out-of-state service complied with Rule 4(a) and NC proof. | Affidavit is defective and Harrel governs Virginia proof of service; service invalid. | Yes, service valid; order affirmed. |
Key Cases Cited
- Rossetto USA, Inc. v. Greensky Fin., LLC, 191 N.C. App. 196, 662 S.E.2d 909 (2008) (presumed findings when no fact-finding requested)
- A.H. Beck Found. Co. v. Jones Bros., 166 N.C. App. 672, 603 S.E.2d 819 (2004) (standard for review of denial of dismissal for lack of personal jurisdiction)
- Harrel v. Preston, 421 S.E.2d 676 (1992) (Virginia proof-of-service rule; distinguishes proof from server qualifications)