Opinion

In re the Board of Commissioners

  • 77 N.C. App. 596
  • 335 S.E.2d 527
  • 1985 N.C. App. LEXIS 4161
Court
Court of Appeals of North Carolina
Filed
Oct 29, 1985
Status
Published
Author
Parker
On the bench
Becton, Hedrick, Parker
Cited by
0 cases
Authority
More cited than 19.0%

The opinion

PARKER, Judge.

Appellants contend, and the State concedes, that Judge Chaf-fin’s order was entered without following necessary procedural requirements for jurisdiction and due process. Specifically, the in-junctive order was not issued incident to any pending action. No complaint was filed and no summons was issued. Therefore, the court did not have jurisdiction to issue an injunction. Swindell v. Overton, 62 N.C. App. 160 , 302 S.E. 2d 841 (1983), rev’d on other *598 grounds, 310 N.C. 707 , 314 S.E. 2d 512 (1984). Further, the order was issued ex mero motu with no notice or opportunity to be heard given to Appellants. The order is void and is, therefore, vacated.

Chief Judge HEDRICK and Judge BECTON concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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