West v. G. D. Reddick, Inc.

BRANCH, Chief Justice.

The threshold question presented by this appeal is whether we may judicially notice facts not appearing in the record in this case but which appear in a published opinion of the Court of Appeals. We note initially that the record does not disclose any statement concerning an appeal from the order dismissing the original action. Nevertheless, both parties argued, as the sole issue in their briefs in the Court of Appeals, the issue of whether the one-year period of limitation granted by Rule 41(a)(2) for reinstitution of the dismissed action began to run at the time of the…