Legal Opinion

Thompson v. Hank's of Carolina, Inc.

Court of Appeals of North Carolina

Decided February 16, 1993No. 913SC934PublishedCited by 2 opinions

1Opinion of the Court

EAGLES, Judge.

Plaintiffs argue that the trial court erred by dismissing their claims pursuant to G.S. § 1-109. Specifically, plaintiffs argue that the trial court lacked authority to dismiss their actions pursuant to G.S. § 1-109 and that dismissal was an inappropriate sanction.

G.S. § 1-109 allows a defendant in a civil action or special proceeding to seek a $200.00 prosecution bond. It also provides, *91in pertinent part, that “failure to comply with such order within 30 days from the date thereof shall constitute grounds for dismissal of such civil action or special proceeding[.]”

In Narron v.…

2Cases cited5 opinions

  1. Sam ROGERS, Plaintiff-Appellant, v. KROGER COMPANY, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1982
  2. Daniels v. Montgomery Mutual InsuranceSupreme Court of North Carolina · 1987
  3. Narron v. Union Camp Corp.Court of Appeals of North Carolina · 1986
  4. Rivenbark v. Southmark Corp.Court of Appeals of North Carolina · 1989
  5. Sanford v. Starlite Disco, Inc.Court of Appeals of North Carolina · 1984

3Cited by2 opinions

  1. Goss v. BattleCourt of Appeals of North Carolina · 1993
  2. Goss v. BattleCourt of Appeals of North Carolina · 1993

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