Summary
holding that "once the one-year period for refiling an action has elapsed and the action can no longer be resurrected, the voluntary dismissal acts as a final adjudication for purposes of Rule 60(b)"
Summary of this case from M.E. v. T.J.Opinion
No. 293PA93
Filed 4 March 1994
On discretionary review, pursuant to N.C.G.S. 7A-31(a), of a decision of the Court of Appeals, 110 N.C. App. 633, 430 S.E.2d 696 (1993), which reversed an order entered on 30 August 1991 by Freeman, J., in Superior Court, Forsyth County, and remanded for further proceedings. Heard in the Supreme Court 1 February 1994.
Bailey Dixon, by Gary S. Parsons, Patricia P. Kerner, and Kenyann G. Brown, for plaintiff appellees.
Hutchins, Tyndall, Doughton, Moore, by H. Lee Davis, Jr., for defendant and third-party plaintiff appellants.
Hendrick, Zotian, Bennett Blancato, by Richard V. Bennett and Sherry R. Dawson, for third-party defendant appellants.
DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.