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COHEN v. McLAWHORN

No. COA09-1578.

704 S.E.2d 519 (2010)

Steven COHEN, Plaintiff, v. Charles L. McLAWHORN, Jr., and McLawhorn & Associates, P.A., Defendants.

Court of Appeals of North Carolina.

December 21, 2010.

Attorney(s) appearing for the Case

Mills & Economos, L.L.P., Greenville, by Larry C. Economos , for plaintiff-appellant.

Herrin & Morano, by Mickey A. Herrin , Greenville, for defendants-appellees.

GEER, Judge.

Plaintiff Steven Cohen appeals from the trial court's order dismissing this action pursuant to Rule 41(b) of the Rules of Civil Procedure after plaintiff failed to appear at trial and failed to take any other steps to prosecute the action. Plaintiff does not dispute that the trial court considered the factors set out in Wilder v. Wilder, 146 N.C. App. 574, 553 S.E.2d 425 (2001), but argues that the court...

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