Lord v. Customized Consulting Specialty, Inc.

STEELMAN, Judge.

The issue in this appeal is whether a third party defendant may recover costs under N.C.R. Civ. R, Rule 41(d) (2003) from original plaintiff upon plaintiff’s voluntary dismissal of the action under N.C.R. Civ. R, Rule 41(a). We hold that such recovery is permitted.

84 Components Company, 84 Lumber Company, and 84 Lumber Company, a limited liability partnership (third party defendants) appeal from the trial court’s order denying their motion for costs. Customized Consulting Specialty, Inc. (defendant) sold a new house to William and Jennifer Lord (plaintiffs) on 15 January 1999.…