McAnally v. Craig

FASTRACK APPEAL

HERSEY, Judge.

In this action to determine entitlement to certain property in an estate, the trial court entered an order dismissing with prejudice one count of a four count complaint. The property at issue in the dismissed count is the subject of a suit which had been filed earlier in North Carolina, the domicile of the decedent. While we concur in the trial court’s conclusion that the matter should be resolved in the North Carolina action where jurisdiction was first acquired, we find error in treating the dismissal as one with prejudice. While unlikely, it is possible that…