Alsup v. Pitman

COZORT, Judge.

On 8 October 1988, the plaintiffs filed a notice of voluntary dismissal of the case below (a malpractice action). On the same day, they filed a new complaint based on the original claims. On 16 November 1988, the defendants filed a motion pursuant to Rule 41(d) of the North Carolina Rules of Civil Procedure to tax the plaintiffs with costs, including expenses for taking depositions. On 6 January 1988, the clerk of superior court ordered that the plaintiff be taxed with deposition expenses in the amount of $4,620.74. On 13 March, the trial court, after considering memoranda and…