Arwine v. N.C. Department of Health

Upon consideration of the record and the briefs and oral arguments of Counsel, the Full Commission reverses the Order of Deputy Commissioner Glenn and enters the following Order:

Deputy Commissioner Glenn presided over a hearing on Defendant's Motion for Costs and Motion to Stay pursuant to N.C. Gen. Stat. § 1A-1, Rule 41(d) arising from a voluntary dismissal and refilling of a Tort Claims case by Plaintiff. Plaintiff filed a Notice of Voluntary Dismissal pursuant to N.C. Gen. Stat. § 1A-1, Rule 41(a)(1) on August 17, 2010 at 1:57 p.m. in TA-20940 and thereafter filed a new action, TA 21932,…