LATHAM v. CHERRY

No. 932SC251.

433 S.E.2d 478 (1993)

Sallie Mae LATHAM v. Reatha CHERRY.

Court of Appeals of North Carolina.

September 7, 1993.


Attorney(s) appearing for the Case

Willis A. Talton, Greenville, for plaintiff-appellant.

Herrin & Morano by Mark R. Morano, Greenville, for defendant-appellee.


McCRODDEN, Judge.

The issue posed by this case is whether a voluntary dismissal without prejudice tolls the statute of limitations in a case in which the plaintiff, seeing the statute of limitations about to run, receives an order extending the time for filing a complaint but fails to serve defendant with civil summons and the order, files her complaint within the time allowed by the order, and properly serves defendant with the complaint and a "Delayed Service of...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases