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FIELDS v. IRVIN H. WHITEHOUSE AND SONS

No. 8921SC657.

390 S.E.2d 725 (1990)

98 N.C. App. 395

Nancy P. FIELDS, Appellee, v. IRVIN H. WHITEHOUSE AND SONS COMPANY, and John Forbes, Individually, Appellant.

Court of Appeals of North Carolina.

May 1, 1990.

Attorney(s) appearing for the Case

Greeson & Grace, P.A. by Michael R. Greeson, Jr., and Bell, Davis & Pitt, P.A. by Stephen M. Russell, Winston-Salem, for plaintiff-appellee.

Petree Stockton & Robinson by W.R. Loftis, Jr., Kenneth S. Broun and Robin E. Shea, Winston-Salem, for defendant-appellant.

ORR, Judge.

The sole issue on appeal is whether the trial court erred in denying defendant's motion to dismiss under N.C.Gen.Stat. § 1A-1, Rule 41(d) (1983). For the reasons set forth below, we affirm the trial court's order.

Under Rule 41(d),

A plaintiff who dismisses an action or claim under section (a) of this rule shall be taxed with the costs of the action.... If a plaintiff who once dismissed an action in any court commences an action based...

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