green
Positive treatment
Quoted verbatim 1×
26.0 score
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Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994
2010
2026
Top citers, strongest first. 24 distinct citers.
How cited ↗
examined
Cited as authority (verbatim quote)
In re J.S.
(2×)
also: Cited as authority (quoted)
party upon whom service of notice of appeal is required may waive the failure of service by not raising the issue by motion or otherwise and by participating without objection in the appeal
examined
Cited as authority (rule)
Crenshaw v. Crenshaw
(3×)
also: Cited "see"
Our Supreme Court has recognized “failure to serve the notice of appeal was a defect in the record analogous to failure to serve process” but “a party upon whom service of notice of appeal is required may waive the failure of service by not raising the issue by motion or otherwise and by participating without objection in the appeal[.]” Hale v. Afro-American Arts Intern., Inc., 335 N.C. 231, 232 , 436 S.E.2d 588, 589 (1993).
cited
Cited as authority (rule)
In re: A.N.B.
App. 96, 100 , 693 S.E.2d 684, 688 (2010); Hale v. Afro-American Arts Intern., Inc., 335 N.C. 231, 232 , 436 S.E.2d 588, 589 (1993)).
discussed
Cited as authority (rule)
In re K.D.C.
Arts Int’l, Inc., 335 N.C. 231, 232 , 436 S.E.2d 588, 589 (1993) (stating that “a party upon whom service of notice of appeal is required may waive the failure of service by not raising the issue by motion or otherwise and by participating without objection in the appeal”).
cited
Cited as authority (rule)
State v. Gantt
Arts Int’l, Inc., 335 N.C. 231, 232 , 436 S.E.2d 588, 589 (1993).
cited
Cited as authority (rule)
State v. Gantt
Arts Int’l, Inc., 335 N.C. 231, 232 , 436 S.E.2d 588, 589 (1993).
discussed
Cited as authority (rule)
State v. Glasco
Arts Int’l, Inc., 335 N.C. 231, 232 , 436 S.E.2d 588, 589 (1993)), disc. review denied, 367 N.C. 220 , 747 S.E.2d 548 (2013), this Court recognized that “ ‘a party upon whom service of notice of appeal is required may waive the failure of service by not raising the issue by motion or otherwise and by participating without objection in the appeal.’ ” Here, the State has not raised the issue of lack of service and has participated without objection in the appeal.
discussed
Cited as authority (rule)
State v. Williams
“When the defendant has been duly served with summons personally within the State, or has accepted service or has voluntarily appeared in court, jurisdiction over the person exists and the court may proceed to render a personal judgment _” Id. at 625, 430 S.E.2d at 460 (citation and quotations omitted). “ [B]y analogy . . . where the appellee failed, by motion or otherwise, to raise [an] issue as to service of notice in either the trial court or in this Court and has proceeded to file a brief arguing the merits of the case,... [the appellee] has waived service of notice [of appeal] . . .…
cited
Cited as authority (rule)
State v. Rowe
Arts Int’l, Inc., 335 N.C. 231, 232 , 436 S.E.2d 588, 589 (1993).
discussed
Cited as authority (rule)
State v. Gerald
Therefore, a party upon whom service of notice of appeal is required may waive the failure of service by not raising the issue by motion or otherwise and by participating without objection in the appeal[.] Hale v. Afro-American Arts Int’l, Inc., 335 N.C. 231, 232 , 436 S.E.2d 588, 589 (1993) (per curiam).
cited
Cited as authority (rule)
State v. Ragland
Arts Int'l, Inc., 335 N.C. 231, 232 , 436 S.E.2d 588, 589 (1993).
discussed
Cited as authority (rule)
Blevins v. Town of West Jefferson
(2×)
App. 621, 623 , 430 S.E.2d 457, 458 , rev’d per curiam, 335 N.C. 231 , 436 S.E.2d 588 (1993), the majority held, precisely like the majority in this case: “Without proper service of notice of appeal on the other party as required by Rule 26(b), and proof pursuant to Rule 26(d) in the record before this Court that such notice was given, this Court obtains no jurisdiction over the appeal.” Judge Wynn, dissenting, wrote: “[WJhere the ap-pellee failed, by motion or otherwise, to raise the issue as to service of notice [of appeal] in either the trial court or in this Court and has proceeded…
discussed
Cited as authority (rule)
In re D.L.
Our Supreme Court held, “a party upon whom service of notice of appeal is required may waive the failure of service by not raising the issue by motion or otherwise and by participating without objection in the appeal . . . .” Hale v. Afro-American Arts International, 335 N.C. 231, 232 , 436 S.E.2d 588, 589 (1993).
discussed
Cited as authority (rule)
In Re DL
Our Supreme Court held, "a party upon whom service of notice of appeal is required may waive the failure of service by not raising the issue by motion or otherwise and by participating without objection in the appeal...." Hale v. Afro-American Arts International, 335 N.C. 231, 232 , 436 S.E.2d 588, 589 (1993).
discussed
Cited as authority (rule)
Henlajon, Inc. v. Branch Highways, Inc.
(2×)
I do not believe that Hale v. Afro-American Arts Int'l, Inc., 335 N.C. 231, 232 , 436 S.E.2d 588, 589 (1993) ( per curiam ) overrules this long-established relationship between Rule 3 and Rule 26.
discussed
Cited as authority (rule)
Leonard v. England
Because plaintiff failed to include a certificate of service in her notice of appeal and because defendant, by her counsel’s withdrawing and by her failing to file a brief in this Court, did not “waive the failure of service by not raising the issue by motion or otherwise and by participating without objection in the appeal,” see Hale v. Afro-American Arts Int'l, 335 N.C. 231, 232 , 436 S.E.2d 588, 589 (1993), we treat plaintiff’s appeal as a petition for writ of certiorari.
discussed
Cited "see"
State v. Golder
(2×)
See Hale v. Afro-American Arts International , 335 N.C. 231 , 232, 436 S.E.2d 588 , 589 (1993). *805 Factual & Procedural Background In September 1999, Kelvin Ballentine ("Ballentine") joined the Wake County Clerk's Office ("Clerk" or "Clerk's Office") where he was employed in various capacities until 2013.
discussed
Cited "see"
State v. Golder
(2×)
See Hale v. Afro-American Arts International, 335 N.C. 231 , 232, 436 S.E.2d 588 , 589 (1993).
discussed
Cited "see"
Tuwamo v. Tuwamo
(2×)
See Hale v. Afro-American Arts Int'l, Inc., 335 N.C. 231 , 232, 436 S.E.2d 588 , 589 (1993) (per curiam) ("[A] party upon whom service of notice of appeal is required may waive the failure of service by not raising the issue by motion or otherwise and by participating without objection in the appeal, as did the plaintiff here.").
discussed
Cited "see"
In re C.V.M.
(2×)
See Hale v. Afro- American Arts Int’l, 335 N.C. 231, 232 , 436 S.E.2d 588, 589 (1993).
discussed
Cited "see"
State v. Nolen
(2×)
See Hale v. Afro-American Arts Int'l, Inc., 335 N.C. 231, 232 , 436 S.E.2d 588, 589 (1993) (reversing dismissal of the defendant’s appeal on grounds that the plaintiff “waived service of notice of appeal” by failing to raise the issue “by motion or otherwise and by participating without objection in the appeal”).
discussed
Cited "see"
MNC Holdings, LLC v. Town of Matthews
(2×)
See Hale v. Afro-American Arts Int’l, 335 N.C. 231 , 436 S.E.2d 588 (1993).
discussed
Cited "see"
Edwards v. West
(2×)
See Hale v. Afro-American Arts International, Inc., 335 N.C. 231 , 436 S.E.2d 588 (1993).
Retrieving the full opinion text from the archive…
Edward L. Hale
v.
Afro-American Arts International, Inc. and Rick Slade
v.
Afro-American Arts International, Inc. and Rick Slade
291A93.
Supreme Court of North Carolina.
Dec 3, 1993.
Lee D. Andrews for plaintiff-appellee.
,
James W. Swindell for defendant-appellants.
Per Curiam.
Cited by 38 opinions | Published
Citer courts: Supreme Court of North Carolina (1)
PER CURIAM.
A majority of the Court of Appeals on its own motion dismissed defendants’ appeal after the record on appeal had been served on the appellee and docketed without objection in the Court of Appeals and after all briefs had been duly filed. The basis for the dismissal was that while the record on appeal contained the proper notice of appeal, “[n]othing in the notice . . . shows that plaintiff was given notice of the appeal through service as required by [Appellate] Rule 26(b).” 110 N.C. App. 621, 623, 430 S.E.2d 457, 458. The majority concluded that this was a jurisdictional defect which both the parties and the court were powerless to remedy.
Judge Wynn, dissenting, concluded that failure to serve the notice of appeal was a defect in the record analogous to failure to serve process. Therefore, a party upon whom service of notice of appeal is required may waive the failure of service by not raising the issue by motion or otherwise and by participating without objection in the appeal, as did the plaintiff here. Judge Wynn concluded that plaintiff had thereby waived service of the notice of appeal and that the Court of Appeals had jurisdiction of the appeal and should consider the case on its merits.
For the reasons given in Judge Wynn’s dissenting opinion, we reverse the decision of the Court of Appeals dismissing defendants’ appeal and remand the case to that court for consideration on the merits.
REVERSED AND REMANDED.