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OSBORNE v. WALTON

No. 9213SC28.

431 S.E.2d 496 (1993)

110 N.C. App. 850

Mary Jo OSBORNE and John Osborne, Plaintiffs, v. G.B. WALTON, Jr., M.D., and Columbus County Hospital, Inc., Defendants.

Court of Appeals of North Carolina.

July 6, 1993.

Attorney(s) appearing for the Case

Bailey & Dixon by Dorothy V. Kibler and Steven M. Fisher, Raleigh and Britt & Britt by William S. Britt, Lumberton, for plaintiffs-appellants.

Harris, Shields and Creech, P.A. by Thomas E. Harris, C. David Creech and Robert S. Shields, Jr., New Bern, for defendant-appellee G.B. Walton, Jr., M.D.

Marshall, Williams & Gorham by Lonnie B. Williams, Wilmington, for defendant-appellee Columbus County Hospital, Inc.

ORR, Judge.

Plaintiffs do not dispute that the action abated pursuant to Rule 3 of the North Carolina Rules of Civil Procedure; instead, they argue that the trial court had the discretionary power to extend the time in which to file their complaint pursuant to Rule 6(b) of the North Carolina Rules of Civil Procedure. Based on the specific facts of this case, we disagree.

Rule 3, "Commencement of action", of the North Carolina Rules of Civil Procedure states...

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