Paul v. Bennett

Hill, Justice.

This is a landline case although that is not the issue. The issue is whether the trial court erred in finding that plaintiffs second complaint was barred by the dismissal with prejudice for lack of prosecution of plaintiffs first complaint against the same defendant.

Plaintiff urges that the first case was in fact dismissed voluntarily by plaintiff under Code Ann. § 81A-141 (a). There is no written notice of dismissal as would be required by that provision. Plaintiff urges that the first case was dismissed pursuant to local rule as recited in the order of dismissal and was not…