All Carolina Crane & Equipment, LLC v. Dan's Relocators, Inc.

ALL CAROLINA CRANE & EQUIPMENT, LLC, Plaintiff,

v.

DAN'S RELOCATORS, INC. and ALFRED G. OWENS Defendants.

No. COA09-543.

Court of Appeals of North Carolina.

Filed February 16, 2010.

This case not for publication

Vaiden P. Kendrick and Jerry L. Spivey, for plaintiff-appellant.

York Williams & Lewis, L.L.P., by Gregory C. York and David R. DiMatteo, for defendants-appellees.

WYNN, Judge.

Before dismissing plaintiff's case with prejudice pursuant to Rule 41(b), the trial court is required to consider whether sanctions short of dismissal would not suffice.[1] In the present case, the trial court summarily…