F. Douglas Canty, Senior Assistant City Attorney, for plaintiff-appellee. William D. McNaull, Jr. for defendant-appellant . Plaintiff filed a verified complaint on 24 July 1998 alleging that the 1988 judgment remained unsatisfied. Defendant filed a motion to dismiss under N.C. Gen. Stat. Defendant filed an answer asserting that the trial court issuing the 1988 judgment had no jurisdiction over defendant because the summons and complaint were never served upon defendant, no alias or pluries summons was ever issued by the clerk, and defendant did not file an answer until more than thirty days after the summons wasissued.
Defendant appeals the grant of summary judgment.
Defendant first assigns error to the failure of the trial court to dismiss plaintiff's action pursuant to N.C. Gen. Stat. However, defendant's notice of appeal refers only to the 7 October 1999 entry of summary judgment and makes no reference to the earlier order denying defendant's motion to dismiss. We therefore lack jurisdiction to address defendant's first assignment of error. See N.C.R. App. Defendant next assigns error to the entry of summary judgment in favor of plaintiff on the grounds that the trial court that granted the 1988 judgment lacked jurisdiction over defendant.