Hendrix v. Alsop

Judge Graham

concurring in part and dissenting in part:

I agree with the opinion of the majority affirming the dismissal of this action as to defendants Pfizer and Roerig and affirming the denial of plaintiff’s motion to vacate Judge Collier’s order of 20 August 1968. I think the order dismissing the action against Alsop should also be affirmed.

G.S. 1A-1, Rule 3, provides that “[i]f the complaint is not filed within the period specified in the clerk’s order, the action shall abate.” This rule, effective 1 January 1970, was not in effect at the time the complaint was filed, and I agree with the…