Jones v. Stone

BECTON, Judge.

I

Respondent first contends that the trial court erred in refusing to grant his motion to dismiss for failure to prosecute pursuant to G.S. 1A-1, Rule 41(b). We disagree.

Under the North Carolina Rules of Civil Procedure, Rule 41(b), a petitioner’s claim can be dismissed with prejudice if the petitioner fails to prosecute the action. Indeed, courts have inherent power to dismiss stale actions on their own motion. Link v. Wabash Railroad Company, 370 U.S. 626, 8 L.Ed. 2d 734, 82 S.Ct. 1386, reh. denied, 371 U.S. 873, 9 L.Ed. 2d 112, 83 S.Ct. 115 (1962). However, a “mere lapse of…