Storey v. Hailey

In Storey v. Hailey, 114 N.C. App. 173, 441 S.E.2d 602 (1994), a North Carolina attorney was appointed as the resident process agent for an estate. Id. at 175, 441 S.E.2d at 604. When the plaintiff brought an action to recover from the estate, a deputy sheriff delivered a copy of the summons and complaint to the attorney's law office and left a copy with the attorney's law partner. Id. The attorney secured three extensions of time to plead -- two of which were granted by stipulation of the plaintiff. The defendant later obtained new counsel and moved for dismissal on the basis of insufficiency of service of process. Id. The Court reasoned the defendant was estopped from asserting the defense because the defendant's conduct "lulled plaintiff into a false sense of security" and plaintiff was deprived of "any opportunity to cure any defects in the process or in the service of process." Id. at 177, 441 S.E.2d at 605.