Legal Opinion

Leverette v. BATTS TEMPORARY SERVICES, INC.

Court of Appeals of North Carolina

Decided July 6, 2004No. COA03-818PublishedCited by 1 opinion

1Opinion of the Court

WYNN, Judge.

This appeal concerns the dismissal of a second action based on Plaintiff's failure to pay costs awarded to Defendants in an earlier action that was dismissed on jurisdictional grounds. Plaintiff contends in this appeal that the dismissal of his second action was improper because although it arose under the same facts as the earlier dismissed action, it involved different claims. We hold that the trial court lacked authority to dismiss Leverette II

*194because of Plaintiff's failure to pay costs under Leverette I. Accordingly, we remand this matter to the trial court.

The facts tend to…

2Cases cited4 opinions

  1. Smith v. PriceSupreme Court of North Carolina · 1986
  2. Matter of Alamance County Ct. FacilitiesSupreme Court of North Carolina · 1991
  3. In Re Estate of TucciCourt of Appeals of North Carolina · 1991
  4. Johnson v. HarrisCourt of Appeals of North Carolina · 2002

3Cited by1 opinion

  1. Leverette v. Labor Works International, LLCCourt of Appeals of North Carolina · 2006

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