Cheshire v. BENSEN AIRCRAFT CORPORATION

MORRIS, Judge.

Defendants based their motion to dismiss on G.S. 1A-1, Rule 41 (d) which provides:

“(d) Costs. — A plaintiff who dismisses an action or claim under section (a) of this rule shall be taxed with the costs of the action unless the action was brought in forma pauperis. If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant before the payment of the costs of the action previously dismissed, unless such previous action was brought in forma pauperis, the court, upon motion of the defendant, shall…