DILDY v. SOUTHEASTERN FIRE INSURANCE COMPANY

No. 711SC623.

185 S.E.2d 272 (1971)

13 N.C. App. 66

Clifton Alexander DILDY v. SOUTHEASTERN FIRE INSURANCE COMPANY.

Court of Appeals of North Carolina.

December 15, 1971.


Attorney(s) appearing for the Case

LeRoy, Wells, Shaw, Hornthal & Riley by L. P. Hornthal, Jr., Elizabeth City, for defendant appellee.

Jones, Jones & Jones and L. Bennett Gram, Jr., Ahoskie, for plaintiff appellant.


BRITT, Judge.

We hold that the trial court erred in granting summary judgment in favor of defendant. Assuming, arguendo, that defendant was entitled to joinder, it would appear that a motion to dismiss for failure to join a necessary party would be proper, particularly if the dismissal is without prejudice or is with leave to amend or is with leave to make additional parties. See: Plemmons v. Cutshall, 230 N.C. 595, 55 S.E.2d 74 (1949); G.S. § 1A-1, Rule 12;...

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