DONALD J. GOLDS, Plaintiff-Appellee v. CENTRAL EXPRESS, INC., a Missouri Corporation, CENTRAL EXPRESS, an unincorporated association, partnership, or proprietorship, and DENNIS L. JENNY, Defendants-Appellants, 142 N.C. App. 664

Summary

Plaintiff North Carolina resident was sitting in his vehicle in Louisiana. Defendant Missouri corporation's vehicle, driven by defendant Illinois resident, collided with it. Plaintiff served defendant resident by certified mail, but did not obtain service on defendant corporation. Defendants' N.C. R. Civ. P. 12(b)(2) (1999) motion for dismissal and N.C. R. Civ. P. 11 (1999) motion for sanction were denied. Defendants appealed, arguing insufficient contacts with North Carolina and failure to serve with process. The court reversed the denial of dismissal and affirmed the denial of sanctions. Denial of a motion to dismiss for lack of jurisdiction was immediately appealable, and not interlocutory. Although plaintiff's complaint cited the long arm statute, N.C. Gen. Stat. § 1-75.4, it did not state the statute section under which jurisdiction was obtained or allege any facts as to activity being conducted in North Carolina at the time of process service. The complaint was not legally and ...