Issue

Personal—service of process—waiver—post-judgment motion to exempt property—general appearance

Summary

In a complex business case, in which defendant did not appear until after the trial court had already entered its judgment, at which point she filed a motion to claim exempt property pursuant to N.C.G.S. § 1C-1603, the Business Court properly denied defendant's subsequent motion to set aside both the entries of default against her and the order of summary judgment for plaintiff–pursuant to Civil Procedure Rule 60(b)–where defendant argued that the Business Court lacked personal jurisdiction over her because she had not been served with process. By moving to claim exempt property after judgment without also raising her objections to personal jurisdiction and the sufficiency of service of process, defendant made a general appearance in the action and therefore waived those objections.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →