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BLACKWELDER FURNITURE CO. OF STATESVILLE, INC. v. HARRIS

No. 8522DC61.

331 S.E.2d 274 (1985)

BLACKWELDER FURNITURE COMPANY OF STATESVILLE, INC. v. Jack R. HARRIS.

Court of Appeals of North Carolina.

July 2, 1985.

Attorney(s) appearing for the Case

Thomas, Gaither, Gorham & Crone by J. Samuel Gorham, III, Hickory, for plaintiff-appellant.

Harris & Pressly by Edwin A. Pressly, Statesville, for defendant-appellee.

HEDRICK, Chief Judge.

There is nothing in the record before us to indicate that defendant made a motion to have plaintiff's claim dismissed for failure to prosecute. On appeal, citing Simmons v. Tuttle, 70 N.C. App. 101, 318 S.E.2d 847 (1984), plaintiff strenuously contends that the trial judge was without authority to dismiss plaintiff's claim for failure to prosecute in the absence of a motion by defendant to do so. We...

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