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DAWSON v. ALLSTATE INS. CO.

No. 9110SC433.

417 S.E.2d 841 (1992)

Ophelia DAWSON v. ALLSTATE INSURANCE COMPANY.

Court of Appeals of North Carolina.

July 7, 1992.

Attorney(s) appearing for the Case

Nathaniel Currie, Raleigh, for plaintiff-appellant.

Law Offices of Robert E. Smith by Robert E. Smith, Raleigh, for defendant-appellee.

ARNOLD, Judge.

There is a cross assignment of error which is dispositive of this case. Defendant correctly argues that the trial court erred in denying its motion to dismiss plaintiff's refiled complaint. Plaintiff's initial complaint was dismissed for failure to state a claim. See N.C.R.Civ.P. 12(b)(6). "Unless the court in its order for dismissal otherwise specifies," a dismissal for failure to state a claim "operates as an adjudication upon the merits."...

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