84 LUMBER CO. v. BARKLEY

No. COA94-1133.

461 S.E.2d 780 (1995)

84 LUMBER COMPANY, Plaintiff, v. Charles A. BARKLEY and Joel D. Carpenter, d/b/a Paradigm Builders, Defendants.

Court of Appeals of North Carolina.

September 19, 1995.


Attorney(s) appearing for the Case

Harry Pavilack & Associates by David C. Haar, for plaintiff-appellant.

Henry L. Fowler, III, for defendant-appellee.


EAGLES, Judge.

In granting dismissal of the second action, the trial court ruled that plaintiff's action was barred because plaintiff failed to refile within one year after plaintiff's previous action had been involuntarily dismissed without prejudice pursuant to Rule 41(b). Plaintiff argues that the second action was timely filed because it was filed within the applicable statute of limitations period. After careful review, we reverse and remand.

Under Rule...

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