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WILLIAMS v. LYNCH

No. COA12-682.

741 S.E.2d 373 (2013)

Mildred WILLIAMS, Plaintiff, v. Shondu Lamar LYNCH, Tyisha Stafford, Thomas C. Ruff, Jr., d/b/a Thomas C. Ruff, Jr. & Associates, and First Citizens Bank & Trust Company, Defendants.

Court of Appeals of North Carolina.

February 5, 2013.

Attorney(s) appearing for the Case

Tin, Fulton, Walker & Owen, Charlotte, by John W. Gresham ; and Vann Law Firm, P.A., Matthews, by Christopher M. Vann , for plaintiff-appellant.

Poyner Spruill LLP, Charlotte, by Cynthia L. Van Horne and E. Fitzgerald Parnell, III , for Thomas C. Ruff, Jr. d/b/a Thomas C. Ruff, Jr. & Associates, defendant-appellee.

Ward and Smith, P.A., by Joseph A. Schouten , Raleigh, and Lance P. Martin , Asheville, for First Citizens Bank & Trust Company, defendant-appellee.

GEER, Judge.

Plaintiff Mildred Williams contends on appeal that the trial court erred in dismissing on statute of limitations grounds her claims against defendants Thomas C. Ruff, Jr. d/b/a Thomas C. Ruff, Jr. & Associates and First Citizens Bank & Trust Company. In this case, Ms. Williams voluntarily dismissed an initial complaint without prejudice pursuant to Rule 41 of the Rules of Civil Procedure and then filed a second complaint against the same defendants...

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