Crosrol Carding Developments, Inc. v. Gunter & Cooke, Inc.

GRAHAM, Judge.

Plaintiff’s Appeal

Plaintiff contends the court erred in holding that Carding Canada is a party which must be joined under Rule 19 and in ordering plaintiff’s action dismissed with prejudice if Carding Canada is not joined within forty days from the date of the order.

Rule 19(a) of the North Carolina Rules of Civil Procedure provides, “ [sjubject to the provisions of Rule 23 [Rule 23 relates to class actions], those who are united in interest must be joined as plaintiffs or defendants. . . .”

Section (b) of Rule 19 provides: “The court may determine any claim before it when it can…