Bockweg v. Anderson

LEWIS, Judge.

Plaintiffs contend that the statute of limitations (G.S. 145(c)) was tolled by the one-year savings provision of G.S. 1A-1, Rule 41. The relevant language of Rule 41(a)(1) provides:

If an action commenced within the time prescribed ... is dismissed without prejudice under this subsection, a new action based on the same claim may be commenced within one year after such dismissal unless [the judge shall specify in his order a shorter time].

Defendants contend that the one-year savings provision does not apply since the original suit was brought in a Federal Court. They rely on High…