WHITLEY v. KENNERLY

No. COA98-1004.

512 S.E.2d 426 (1999)

Robert Wayne WHITLEY, Plaintiff, v. Rodney Eugene KENNERLY, Jason Sidney Lewis, Joel Colburn Lewis, II, and Cherry Dover Lewis, Defendants.

Court of Appeals of North Carolina.

February 16, 1999.


Attorney(s) appearing for the Case

Wesley B. Grant, Concord, and C. Todd Williford, Kannapolis, for plaintiff-appellant.

Michael A. Johnson, Jr., Concord, for Robert Eugene Kennerly, defendant-appellee.

Essex, Richard, Morris, Jordan & Matus, P.A., by Robert S. Blair, Jr., Charlotte, for Joel Colburn Lewis, II, defendant-appellee.


EAGLES, Chief Judge.

Plaintiff contends that the court erred by concluding that the one-year statute of limitation of G.S. 1-54(3) (1996) was not tolled by G.S. 1-15.1 (1996), which states in pertinent part:

(a) Notwithstanding any other provision of law, if a defendant is convicted of a criminal offense and is ordered by the court to pay restitution or restitution is imposed as a condition of probation, special probation, work release, or parole, then all...

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