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LORD v. CUSTOMIZED CONSULTING SPECIALTY

No. COA03-848.

596 S.E.2d 891 (2004)

William A. LORD and Wife Jennifer L. Lord, Plaintiffs-Appellees v. CUSTOMIZED CONSULTING SPECIALTY, INC., Defendant and Third Party Plaintiff-Appellee v. 84 Components Company, 84 Lumber Company, and 84 Lumber Company, a Limited Partnership, Third Party Defendants-Appellants.

Court of Appeals of North Carolina.

June 15, 2004.

Attorney(s) appearing for the Case

Tate, Young, Morphis, Bach & Taylor, LLP by Thomas C. Morphis and Valeree R. Adams, Hickory, for Third Party Defendants-Appellants.

Stark Law Group, PLLC by Thomas H. Stark and Fiona V. Ginter, Chapel Hill, for Plaintiffs-Appellees.

Morris, York, Williams, Surles & Barringer, LLP by Kimberly A. Gossage, Charlotte, for Defendant and Third Party Plaintiff-Appellees.

STEELMAN, Judge.

The issue in this appeal is whether a third party defendant may recover costs under N.C.R. Civ. P., Rule 41(d)(2003) from original plaintiff upon plaintiff's voluntary dismissal of the action under N.C.R. Civ. P., Rule 41(a). We hold that such recovery is permitted.

84 Components Company, 84 Lumber Company, and 84 Lumber Company, a limited liability partnership (third party defendants) appeal from the trial court's order denying their motion...

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