JONES v. BOYCE

No. 8210SC269.

299 S.E.2d 298 (1983)

Freddy Ray JONES v. Eugene BOYCE.

Court of Appeals of North Carolina.

February 1, 1983.


Attorney(s) appearing for the Case

David H. Rogers, Raleigh, for plaintiff-appellant.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Ronald C. Dilthey and Theodore B. Smyth, Raleigh, for defendant-appellee.


WHICHARD, Judge.

I.

The principal issue is whether the court abused its discretion in dismissing plaintiff's action, pursuant to G.S. 1A-1, Rule 41(b), for failure to comply with the requirement of G.S. 1A-1, Rule 8(a)(2), that "in all professional malpractice actions ... wherein the matter in controversy exceeds... ten thousand dollars ..., the pleading shall not state the demand for monetary relief, but shall state that the relief demanded is ... in excess...

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