Bockweg v. Anderson

WHICHARD, Justice.

This case presents the issue of whether the one-year savings provision of N.C.G.S. § 1A-1, Rule 41(a)(1) applies when plaintiffs and defendants stipulate to a voluntary dismissal without prejudice of an action in a federal district court sitting in North Carolina and plaintiffs file the same action within the one-year period in a North Carolina state court. We hold that it does, and we thus affirm the decision of the Court of Appeals, though upon different reasoning. In so doing, for reasons fully set forth herein, we overrule High v. Broadnax, 271 N.C. 313, 156 S.E.2d 282…