BRANDENBURG LAND CO. v. CHAMPION INTERN. CORP.

No. 914SC727.

418 S.E.2d 526 (1992)

107 N.C. App. 102

BRANDENBURG LAND COMPANY, a Corporation, Plaintiff, v. CHAMPION INTERNATIONAL CORPORATION, a Corporation, Defendant.

Court of Appeals of North Carolina.

July 21, 1992.


Attorney(s) appearing for the Case

Henderson, Baxter & Alford by B. Hunt Baxter, Jr., New Bern, for plaintiff-appellant.

Ward and Smith by Kenneth R. Wooten and Cheryl A. Marteney, New Bern, for defendant-appellee.


LEWIS, Judge.

The issue in this case is whether an expert's fee for the preparation of documents used to support defendant's motion for summary judgment can be taxed as a cost to a plaintiff who takes a voluntary dismissal after the motion for summary judgment has been filed, but before calendaring.

On 12 April 1979, plaintiff filed suit against defendant to remove a cloud upon its title to four tracts of land claimed by both parties. For nearly twelve years...

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