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CONNER BROTHERS MACHINE COMPANY, INC., Plaintiff-Appellee, v. RITA ROGERS, INDIVIDUALLY, TIM CONNER ENTERPRISES, INC. d/b/a/ SPENCER-PETTUS MACHINE COMPANY, and TIM CONNER, INDIVIDUALLY, Defendants-Appellants
NO. COA05-1116
Filed: 16 May 2006
Injunctions--preliminary--lack of subject matter jurisdiction
The trial court erred in a breach of fiduciary duty, conversion, tortious interference withcontractual relations, conspiracy, unfair and deceptive trade practices, trade secrets act violations,and unjust enrichment case by entering a preliminary injunction, and the injunction is vacatedbecause: (1) the action had abated based on lack of issuance or service of a civil summons; and
(2) although the parties purported to agree in the record on appeal that the trial court had subjectmatter jurisdiction, parties cannot stipulate to give a court subject matter jurisdiction where nosuch jurisdiction exists.
Appeal by defendants from preliminary injunction entered 22
April 2005 and order entered 3 June 2005, nunc pro tunc 2 May 2005,
by Judge W. Robert Bell in Superior Court, Gaston County. Heard in
the Court of Appeals 19 April 2006.
McNair Law Firm, P.A., by Allan W. Singer and Marna M. Albanese, for plaintiff-appellee.
Gray, Layton, Kersh, Solomon, Sigmon, Furr & Smith, P.A., by David W. Smith, III and William E. Moore, Jr. for defendants

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South Carolina Law