Jarman v. Washington

PARKER, Judge.

The sole issue presented by this appeal is whether the trial court erred in dismissing plaintiffs action under Rule 41. For the reasons stated below, we hold that the action was not properly dismissed, and we reverse the trial court’s order of 15 February 1988.

Plaintiff’s first action was dismissed by court order for failure to comply with the Rules of Civil Procedure. Dismissal on these grounds is authorized by Rule 41(b) of the N.C. Rules of Civil Procedure. Rule 41(b) provides in pertinent part:

Unless the court in its order for dismissal otherwise specifies, a dismissal under…