Green v. Eure

CAMPBELL, Judge.

North Carolina Civil Procedure Rule 41(b), substantially the same as its federal counterpart, authorizes dismissal with prejudice of a plaintiff’s claim for failure to prosecute. It was held in Link v. Wabash R. Co., 370 U.S. 626, 8 L.Ed. 2d 734, 82 S.Ct. 1386 (1962), that courts have inherent power to dismiss stale actions, even on their own motion, and without notice or hearing by the parties if the circumstances indicate a knowledge of the party of the consequences of his own conduct.

The courts, however, are primarily concerned with trial of causes on their merits.…