JOHNSON v. HUTCHENS

No. 9018SC1148.

405 S.E.2d 597 (1991)

103 N.C. App. 384

Carl Dewey JOHNSON, Sr. v. Ronald James HUTCHENS and Nancy Vernon Hutchens.

Court of Appeals of North Carolina.

Decided July 2, 1991.


Attorney(s) appearing for the Case

Max D. Ballinger, Greensboro, for plaintiff-appellant.

Henson Henson Bayliss & Sue by Perry C. Henson and Lyn K. Broom, Greensboro, for defendant-appellee.


ARNOLD, Judge.

Plaintiff contends trial court erred in granting defendant's motion to dismiss based on plaintiff's failure to commence a new action within one year of a voluntary dismissal. We agree.

The issue presented is on what date did the one year period begin in which plaintiff could reinstitute suit following the dismissal. N.C.R.Civ.P. 41(a)(1)(i). Defendant argues that the one year period began on 8 May 1987. On this date plaintiff's attorney called...

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