Osborne v. Walton

ORR, Judge.

Plaintiffs do not dispute that the action abated pursuant to Rule 3 of the North Carolina Rules of Civil Procedure; instead, they argue that the trial court had the discretionary power to extend the time in which to file their complaint pursuant to Rule 6(b) of the North Carolina Rules of Civil Procedure. Based on the specific facts of this case, we disagree.

Rule 3, “Commencement of action”, of the North Carolina Rules of Civil Procedure states:(a) A civil action is commenced by filing a complaint with the court. The clerk shall enter the date of filing on the original complaint,…