Daniels v. Montgomery Mutual Insurance

FRYE, Justice.

In this case, we consider whether the Court of Appeals correctly decided: (1) that a trial court may, as an alternative to granting a motion to dismiss, tax plaintiff with defendant’s costs including attorney’s fees incurred pursuant to the third trial of the case; and (2) that the trial court erred in dismissing the plaintiff’s complaint pursuant to Rule 41(b) of the North Carolina Rules of Civil Procedure for plaintiffs failure to comply with the order *671to pay costs. In addition, we consider whether the trial court erred by entering judgment against plaintiff on defendant’s…