North Carolina Business Litigation Report

J Freeman Floor Company, LLC v. Freeman, December 18, 2008 (Diaz)(unpublished)

When a Plaintiff files a Rule 41 dismissal, and then refiles his action, Rule 41(d) of the North Carolina Rules of Civil Procedure requires that he must pay the costs of the first action as a prerequisite to pursuing the new action.  "[T}his section establishes a mechanical condition precedent that must be satisfied before that plaintiff may commence a new action based upon the same claims against the same defendant."

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Mack Sperling
Brooks Pierce, LLP
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