JARMAN v. WASHINGTON

No. 884SC610.

376 S.E.2d 252 (1989)

Cecil F. JARMAN v. Velma I. WASHINGTON and Addie Washington Kittle.

Court of Appeals of North Carolina.

February 21, 1989.


Attorney(s) appearing for the Case

Popkin and Associates by Samuel S. Popkin, Jacksonville, for plaintiff-appellant.

Hamilton, Bailey, Way & Brothers by Harvey Hamilton, Jr. and Catherine E. Brothers, Morehead City, for defendant-appellees.


SARAH ELIZABETH PARKER, Judge.

The sole issue presented by this appeal is whether the trial court erred in dismissing plaintiff's action under Rule 41. For the reasons stated below, we hold that the action was not properly dismissed, and we reverse the trial court's order of 15 February 1988.

Plaintiff's first action was dismissed by court order for failure to comply with the Rules of Civil Procedure. Dismissal on these grounds is authorized by Rule 41(b)...

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