Johnson v. Hutchens

ARNOLD, Judge.

Plaintiff contends the trial court erred in granting defendant’s motion to dismiss based on plaintiff’s failure to commence a new action within one year of a voluntary dismissal. We agree.

The issue presented is on what date did the one year period begin in which plaintiff could reinstitute suit following the dismissal. N.C.R. Civ. P. 41(a)(l)(i). Defendant argues that the one year period began on 8 May 1987. On this date plaintiff’s attorney called the office of defendant’s attorney and left a message that plaintiff was taking a dismissal in the action. He also mailed…