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DUNTON v. AYSCUE

No. COA09-1242.

690 S.E.2d 752 (2010)

Charles DUNTON, Plaintiff, v. Angela Michelle AYSCUE, Defendant.

Court of Appeals of North Carolina.

April 6, 2010.

Attorney(s) appearing for the Case

Willie S. Darbie, Oxford, for plaintiff-appellant.

Law Office of Robert E. Ruegger, by Robert E. Ruegger, Raleigh, for defendant-appellee.

HUNTER, ROBERT C., Judge.

Plaintiff Charles Dunton appeals from the trial court's order dismissing his complaint pursuant to the "two dismissal" rule under Rule 41(a)(1), as well as Rule 12(b)(1) and 12(b)(6) of the Rules of Civil Procedure. Plaintiff primarily argues that the trial court erred in dismissing his complaint because defendant Angela Michelle Ayscue was never served in the two prior actions and thus the "two dismissal" rule should not operate as a bar...

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