THOMAS v. MILLER

No. 9120SC60.

414 S.E.2d 58 (1992)

105 N.C. App. 589

John A. THOMAS, Jr., and wife, Laura Maie Thomas, Betsy T. Galliher, and Deborah Kern Thomas, Plaintiffs, v. Donald L. MILLER, and wife, Cressie Y. Miller, and Randolph E. Shelton, Jr., Substitute Trustee, Defendants.

Court of Appeals of North Carolina.

March 3, 1992.


Attorney(s) appearing for the Case

Gill & Dow by Douglas R. Gill, Southern Pines, for plaintiffs-appellants.

Van Camp, West, Webb & Hayes, P.A. by W. Carole Holloway, Pinehurst, for defendants-appellees.


LEWIS, Judge.

This case poses several questions; namely, what effect does a voluntary dismissal without prejudice pursuant to N.C.G.S. § 1A-1, N.C.R.Civ.P. 41(a) (1990) have on a foreclosure action with respect to a promissory note's terms which provide for: (1) attorneys' fees and other reasonable expenses, and (2) with respect to the date of default when the noteholders institute a second foreclosure suit based upon the same note but a new default.

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