Ward v. Taylor

JOHNSON, Judge.

I

We must first address the question of whether the court had authority to entertain Daniels’ motion in the previously dismissed cause, 68CVS1176.

A

G.S. 1A-1, Rule 41(d), “Costs,” provides that “A plaintiff who dismisses an action or claim under section (a) of this rule shall be taxed with the costs of the action unless the action was brought in forma pauperis.” Although a voluntary dismissal is not per se a final judgment, this Court has held that the clerk of superior court has authority to tax costs against a plaintiff who took a dismissal. Thigpen v. Piver, 37 N.C. App. 382,…