In re W.I.M.

Summary

The Supreme Court of North Carolina affirmed orders terminating the respondent father’s parental rights to W.I.M. The court held that the trial court had personal jurisdiction because the respondent was properly served and waived any objection by answering and making a general appearance without timely asserting lack of personal jurisdiction.

Holdings

1. Any failure to preserve the original summons through endorsement or issuance of an alias and pluries summons would merely discontinue the original termination proceeding and would not deprive the trial court of authority to exercise personal jurisdiction over respondent in the new proceeding, where the amended petition and new summons were filed and served and no limitations issue was asserted.
2. Respondent waived any objection to personal jurisdiction by answering the amended termination petition and making a general appearance without raising lack of personal jurisdiction under Rule 12(b)(2).
3. The trial court's adjudicatory and dispositional orders terminating respondent's parental rights were affirmed.

Questions Presented

1. Whether the trial court obtained personal jurisdiction over respondent when he was served with a new summons accompanying an amended termination petition that was not designated as an alias and pluries summons.
2. Whether respondent waived any objection to personal jurisdiction by answering the amended petition and making a general appearance without timely asserting lack of personal jurisdiction.
3. Whether the trial court's orders terminating respondent's parental rights should be affirmed.

Disposition

affirmed