Taylor v. Tri-County Electric Membership Corp.

BRITT, Judge.

The sole question for our determination is whether the trial court erred in dismissing plaintiffs’ action on the ground of res judicata. We hold that it did not.

In their brief plaintiffs note that if old G.S. 1-25 were still in effect, they could maintain their action. They concede that this “saving” statute has been repealed and largely replaced by G.S. 1A-1, Rule 41(a) (2), which permits the court to order a voluntary dismissal without prejudice. Plaintiffs maintain that while the trial court made no such order in the prior action, that action was not a trial on the merits for…