BOCKWEG v. ANDERSON

No. 52PA90.

402 S.E.2d 627 (1991)

328 N.C. 436

Cynthia BOCKWEG and husband, Gregory Bockweg v. Stephen G. ANDERSON, Bonney H. Clark, Executrix of the Estate of R. Perry B. Clark, A. Stanley Link, Jr., Richard M. Holland and Lyndhurst Gynecologic Associates, P.A.

Supreme Court of North Carolina.

Decided April 3, 1991.


Attorney(s) appearing for the Case

Law Offices of Grover C. McCain, Jr. by Grover C. McCain, Jr., Kenneth B. Oettinger, and William R. Hamilton, Chapel Hill, for plaintiffs-appellees.

Tuggle, Duggins, Meschan & Elrod, P.A. by J. Reed Johnston, Jr., and Rachel B. Hall, Greensboro, for defendant-appellant A. Stanley Link, Jr.

Petree, Stockton & Robinson by J. Robert Elster, Stephen R. Berlin, and Patrick G. Vale, Winston-Salem, for defendants-appellants Stephen G. Anderson, Bonney H. Clark, Executrix of the Estate of R. Perry B. Clark, Richard M. Holland, and Lyndhurst Gynecologic Associates, P.A.


WHICHARD, Justice.

This case presents the issue of whether the one-year savings provision of N.C.G.S. § 1A-1, Rule 41(a)(1) applies when plaintiffs and defendants stipulate to a voluntary dismissal without prejudice of an action in a federal district court sitting in North Carolina and plaintiffs file the same action within the one-year period in a North Carolina state court. We hold that it does, and we thus affirm the decision of the Court of Appeals, though...

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