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ROBINSON v. GARDNER

Nos. COA03-1477, COA03-1478.

606 S.E.2d 449 (2005)

Brenda ROBINSON, Plaintiff, v. Richard Curtis GARDNER and Pike Electric, Inc., Defendants Cory R. Robinson, Plaintiff, v. Richard Curtis Gardner and Pike Electric, Inc., Defendants.

Court of Appeals of North Carolina.

January 4, 2005.

Attorney(s) appearing for the Case

Poyner & Spruill, L.L.P., by E. Fitzgerald Parnell, III, and Cynthia V. McNeely; and Karney, deBrun & Wilcox, by Robert A. Karney, Charlotte, for plaintiffs-appellees.

Hedrick, Eatman, Gardner & Kinchloe, L.L.P., by Allen C. Smith and Heather T. Twiddy, Charlotte, for defendants-appellants.

GEER, Judge.

This appeal arises from a traffic accident. Plaintiffs Brenda and Cory Robinson twice filed lawsuits and then voluntarily dismissed them without prejudice pursuant to Rule 41(a) of the Rules of Civil Procedure. When they filed suit a third time, defendants filed a motion to dismiss pursuant to the "two-dismissal" principle of Rule 41(a)(1). In response, the Robinsons moved, pursuant to Rule 60(b) of the Rules...

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