VADEN v. DOMBROWSKI

No. COA07-51.

653 S.E.2d 543 (2007)

Kenneth Wayne VADEN, Plaintiff v. Kathleen Marie DOMBROWSKI and David John Dombrowski, Defendants.

Court of Appeals of North Carolina.

December 4, 2007.


Attorney(s) appearing for the Case

Culbreth Law Firm, L.L.P., by Stephen E. Culbreth and Ashley Culbreth Council, Wilmington, for plaintiff-appellant.

Hall, Rodgers, Gaylord, & Millikan, P.L.L.C., by Kathleen M. Millikan and Daniel M. Gaylord, Cary, for defendants-appellees.


STROUD, Judge.

Plaintiff appeals the order granting costs to defendants in Superior Court, Wake County after plaintiff voluntarily dismissed the underlying action. The dispositive question before this court is whether the trial court abused its discretion in taxing certain costs against the plaintiff pursuant to N.C. Gen. Stat. § 7A-305(d). For the following reasons, we affirm in part and reverse in part.

I. Background

On or about 30 January...

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