Welch v. Lumpkin
Court of Appeals of North Carolina
1Opinion of the Court
WYNN, Judge.
Rule 6(b) 1 “was not intended to have the effect of giving the court the discretion to amend a final order entered under the mandatory directive of statute.” 2 Here, Plaintiff argues that the parties’ stipulation, pursuant to Rule 6(b), extended the time for Plaintiff’s payment of Rule 41(d) costs associated with a prior voluntary dismissal under Rule 41(a). 3 Because Rule 6(b) may not be read in conjunction with Rule 41(d) to allow parties to stipulate to an extension of the time period to pay costs, we affirm the dismissal of Plaintiffs action.
On 6 June 2006, Plaintiff Angela…
2Cases cited7 opinions
- Lemons v. Old Hickory Council, Boy Scouts of America, Inc.Supreme Court of North Carolina · 1988
- Daniels v. Montgomery Mutual InsuranceSupreme Court of North Carolina · 1987
- Hagwood v. OdomCourt of Appeals of North Carolina · 1988
- Ward v. TaylorCourt of Appeals of North Carolina · 1984
- East Carolina Lumber Company v. WestSupreme Court of North Carolina · 1958
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Blackmon v. BlackmonCourt of Appeals of North Carolina · 2026