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MURPHY v. HINTON

No. COA14-1230.

773 S.E.2d 355 (2015)

Barbara Ann MURPHY, as Personal Representative of the Estate of Donald James Willis, deceased, Plaintiff, v. Keith D. HINTON, Sr., and Heritage Propane Express, LLC, d/b/a Heritage Propane, Defendants.

Court of Appeals of North Carolina.

July 7, 2015.

Attorney(s) appearing for the Case

Robert J. Reeves, PC, by Robert J. Reeves , for plaintiff-appellant.

Hedrick Gardner Kincheloe & Garofalo, LLC, Charlotte, by Allen C. Smith and M. Duane Jones , for defendant-appellee Heritage Propane.

The issue raised in this appeal is whether a complaint that does not satisfy the notice pleading requirements of Rule 8(a)(1) can benefit from the one-year filing extension of Rule 41(a)(1) following a voluntary dismissal. Our Supreme Court has held that "in order for a timely filed complaint to toll the statute of limitations and...

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