Civil Practice – Rule 41(b) Dismissal – Insufficient Findings – Domestic Relations – Equitable Distribution Action

Although the trial court found that the equitable distribution hearing was continued twice at plaintiff’s request, the court made no findings as to whether she had deliberately or unreasonably delayed the matter or whether her actions prejudiced defendant. Moreover, there is no indication that the trial court considered lesser sanctions before dismissing plaintiff’s equitable distribution claim under N.C. R. Civ. P. 41(b).

We vacate the dismissal order and remand for further proceedings.

Bellamy v. Branson (Lawyers Weekly No. 012-081-18, 8 pp.) (Ann Marie Calabria, J.) Appealed from Wake County District Court (Michael Denning, J.) Rhonda Young and Tiffanie Meyers for plaintiff; Jill Schnabel Jackson for defendant. N.C. App. Unpub.