DANIELS v. MONTGOMERY MUT. INS. CO.

No. 8522SC1011.

344 S.E.2d 847 (1986)

Jerry W. DANIELS v. MONTGOMERY MUTUAL INSURANCE COMPANY.

Court of Appeals of North Carolina.

July 1, 1986.


Attorney(s) appearing for the Case

Wilson, Biesecker, Tripp & Sink by Joe E. Biesecker, and Brinkley, Walser, McGirt, Miller, Smith & Coles by Charles H. McGirt and Stephen W. Coles, Lexington, for plaintiff-appellant.

Yates, Fleishman, McLamb & Weyher by Joseph W. Yates, III, and Gary R. Poole, Raleigh, for defendant-appellee.


COZORT, Judge.

Plaintiff brought this action seeking to recover on a fire insurance policy. At the third trial of this matter plaintiff's counsel, in his opening argument, violated the trial court's order granting a motion in limine by referring to the fact that plaintiff had not been criminally prosecuted for burning his house. The trial court declared a mistrial and pursuant to Rule 41(b) ordered the plaintiff to pay the defendant's costs and attorney's fees connected...

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