WARD v. TAYLOR

No. 833SC56.

314 S.E.2d 814 (1984)

William F. WARD and Kennedy W. Ward v. John T. TAYLOR, Jr.

Court of Appeals of North Carolina.

May 1, 1984.


Attorney(s) appearing for the Case

Ward, Ward, Willey & Ward by A.D. Ward, New Bern, for plaintiffs-respondents-appellants Ward.

Henderson & Baxter, P.A. by David S. Henderson, New Bern, for defendant-appellee Taylor.

Dunn & Dunn by Raymond E. Dunn, New Bern, for movant-appellee Daniels.


JOHNSON, Judge.

I

We must first address the question of whether the court had authority to entertain Daniels' motion in the previously dismissed cause, 68CVS1176.

A

G.S. 1A-1, Rule 41(d), "Costs," provides that "A plaintiff who dismisses an action or claim under section (a) of this rule shall be taxed with the costs of the action unless the action was brought in forma pauperis." Although a voluntary dismissal is not per se a final...

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