Subject Matter Jurisdiction
Generally
"Subject matter jurisdiction is conferred upon the courts by either the North Carolina Constitution or by statute. Harris v. Pembaur, 84 N.C. App. 666, 667, 353 S.E.2d 673, 675 (1987).
"The question of subject matter jurisdiction may be raised at any time, even in the Supreme Court. Lemmerman v. A.T. Williams Oil Co., 318 N.C. 577, 580, 350 S.E.2d 83, 85 (1986).
"'It is a universal rule of law that parties cannot, by consent, give a court, as such, jurisdiction over subject matter of which it would otherwise not have jurisdiction. Jurisdiction in this sense cannot be obtained by consent of the parties, waiver, or estoppel.' Pulley v. Pulley, 255 N.C. 423, 429, 121 S.E.2d 876, 880 (1961) (quoting Hart v. Thomasville Motors, Inc., 244 N.C. 84, 88, 92 S.E.2d 673, 676 (1956)), appeal dismissed and cert. denied, 371 U.S. 22, 9 L. Ed. 2d 96 (1962).
In Trial Courts
"Whether a trial court has subject-matter jurisdiction is a question of law, reviewed de novo on appeal. McKoy v. McKoy, 202 N.C. App. 509, 511, 689 S.E.2d 590, 592 (2010).
In Appellate Courts
"When the record clearly shows that subject matter jurisdiction is lacking, the Court will take notice and dismiss the action ex mero motu. Every court necessarily has the inherent judicial power to inquire into, hear and determine questions of its own jurisdiction, whether of law or fact, the decision of which is necessary to determine the questions of its jurisdiction. Lemmerman v. A.T. Williams Oil Co., 318 N.C. 577, 580, 350 S.E.2d 83, 86 (1986) (citation omitted).
"[I]t is burden to produce a record establishing the jurisdiction of the court from which appeal is taken, and his failure to do so subjects appeal to dismissal. State v. Phillips, 149 N.C. App. 310, 313-14, 560 S.E.2d 852, 855, appeal dismissed, 355 N.C. 499, 564 S.E.2d 230 (2002). "The superior court has no jurisdiction to try a defendant on a warrant for a misdemeanor charge unless he is first tried, convicted and sentenced in district court and then appeals that judgment for a trial de novo in superior court. State v. Felmet, 302 N.C. 173, 175, 273 S.E.2d 708, 710 (1981). "When the record shows a lack of jurisdiction in the lower court, the appropriate action on the part of the appellate court is to arrest judgment or vacate any order entered without authority. Id. at 176, 273 S.E.2d at 711. "When the record is silent and the appellate court is unable to determine whether the court below had jurisdiction, the appeal should be dismissed. Id.