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NEWBERRY METAL MASTERS FABRICATORS, INC. v. MITEK INDUSTRIES, INC.

No. 114PA92.

424 S.E.2d 383 (1993)

333 N.C. 250

NEWBERRY METAL MASTERS FABRICATORS, INC. v. MITEK INDUSTRIES, INC., as successor-in-interest to Gang-Nail Systems, Inc.; Durand-Raute Corporation and Industrial Mill Installations, Inc.

Supreme Court of North Carolina.

January 8, 1993.

Attorney(s) appearing for the Case

Kenneth A. Shanklin and John G. Rhyne, Wilmington, for plaintiff appellee.

Murchison, Taylor, Kendrick, Gibson & Davenport by Michael Murchison, Wilmington, for defendants appellants.

WEBB, Justice.

The question posed by this appeal is whether a party may refile an action to perfect a lien after taking a voluntary dismissal without prejudice pursuant to N.C.G.S. § 1A-1, Rule 41(a)(1). This rule, by its plain words, provides that "a new action based on the same claim may be commenced within one year after such dismissal[.]" See Danielson v. Cummings, 300 N.C. 175

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