84 Lumber Co. v. Barkley

EAGLES, Judge.

In granting dismissal of the second action, the trial court ruled that plaintiff’s action was barred because plaintiff failed to refile within one year after plaintiffs previous action had been involuntarily dismissed without prejudice pursuant to Rule 41(b). Plaintiff argues that the second action was timely filed because it was filed within the applicable statute of limitations period. After careful review, we reverse and remand.

Under Rule 41(b), a dismissal operates as an adjudication on the merits, unless the judge specifies that the dismissal is without prejudice. G.S. §…