From Casetext: Smarter Legal Research

Robinson v. General Mills Restaurants, Inc.

Supreme Court of North Carolina
Mar 1, 1994
335 N.C. 763 (N.C. 1994)

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.


Summaries of

Robinson v. General Mills Restaurants, Inc.

Supreme Court of North Carolina
Mar 1, 1994
335 N.C. 763 (N.C. 1994)

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.
Case details for

Robinson v. General Mills Restaurants, Inc.

Case Details

Full title:GEORGE DOUGLAS ROBINSON and CATHY P. ROBINSON, Plaintiffs v. GENERAL MILLS…

Court:Supreme Court of North Carolina

Date published: Mar 1, 1994

Citations

335 N.C. 763 (N.C. 1994)
440 S.E.2d 274

Citing Cases

M.E. v. T.J.

It strains credibility for this Court to contend that plaintiff's "inadvertent or mistaken voluntary…

In re E.H.

Moreover, in Robinson v. General Mills Restaurants, Inc., we questioned whether a voluntary dismissal without…