This motion was determined moot by the federal district court on 6 June 1994. On 1 December 1994, defendant moved to dismiss and for sanctions in the present action. The trial court granted both motions. On appeal, plaintiff first argues that the trial court erred in granting defendant's motion to dismiss. Since the trial court correctly determined that plaintiff's claim was time-barred, we find this argument without merit.
Defamation has a one year statute of limitations.
N.C. Gen. Stat. The actions giving rise to plaintiff's alleged defamation action occurred in September and October 1989. Plaintiff filed his federal action, including the pendent state law defamation claim, on 27 September 1990. The statute of limitations was then tolled on the defamation claim until the Fourth Circuit affirmed the district court's dismissal of the federal action on 20 April 1993. However, the statute had clearly run prior to plaintiff's filing of the present action on 19 April 1994.