Brooks v. Rogers

BECTON, Judge.

This appeal is from an order dismissing plaintiff Nancy C. Brooks’ action on the ground that it should have been filed as a counterclaim in a prior pending action. We modify and affirm the trial court’s order.

The main issue before us is whether, under Rule 13(a) of the North Carolina Rules of Civil Procedure, the claims filed by Brooks in her Guilford County action constitute compulsory counterclaims in a prior action filed in Wake County by defendant Lee Rogers.

I

Nancy C. Brooks filed an action in Guilford County on 13 September 1983. She sued Lee Rogers, individually, and…