1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 471 S.E.2d
  5. 471 S.E.2d 128 (1996)
 

KEARNS v. SPANN

No. COA95-1412.

471 S.E.2d 128 (1996)

Susan G. KEARNS, Plaintiff, v. Ruth M. SPANN and Kenneth D. Spann, Defendants,

Court of Appeals of North Carolina.

June 4, 1996.

Attorney(s) appearing for the Case

Davis, Murrelle & Lumsden, P.A. by Treve B. Lumsden, Beaufort, for plaintiff-appellee.

Harris, Shields and Creech, P.A. by R. Brittain Blackerby and Charles E. Simpson, Jr., New Bern, for appellant North Carolina Farm Bureau Mutual Insurance Company.

JOHN C. MARTIN, Judge.

Farm Bureau argues the trial court erred by denying the motion for costs following plaintiff's voluntary dismissal. Specifically, Farm Bureau contends Rule 41(d) requires the trial court to enter an order of costs following a voluntary dismissal without prejudice. We agree.

Rule 41(d) provides:

(d) Costs.—A plaintiff who dismisses an action or claim under section (a) of this rule shall be taxed with the costs 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