Plaintiffs filed a notice of voluntary dismissal on 6 October 1997 and refiled their action on 9 October 1997. On 20 October 1997, defendants moved for entry of judgment on the pleadings, on the grounds that the claims alleged in plaintiffs' complaint were barred by the applicable statutes of limitations and repose. Defendants noticed the matter for hearing at the 8 December 1997 civil session of Cumberland County Superior Court, and on 18 December 1997, Judge Herring entered an order continuing the hearing until 12 January 1998, based, in part, on Judge Herring's decision to recuse himself from the case. By order entered 9 February 1998, Judge Orlando F. Hudson, Jr. granted defendants' motion for judgment on the pleadings, based on the court's determination that the statute of limitations barred plaintiffs' claims. Both motions were denied, and plaintiffs appeal.
Plaintiffs bring forth three assignments of error on appeal.
However, because plaintiffs have withdrawn two of their assignments of error, we need only address the one remaining, wherein plaintiffs contend that the trial court erred in granting defendants' motion for judgment on the pleadings. Plaintiffs argue that this ruling was error, because the causes of action alleged in the second complaint were not barred by the applicable statute of limitations. If, after undertaking such an examination, the court determines that the moving party is entitled to judgment as a matter of law, entry of judgment on the pleadings in favor of the moving party is appropriate. 84 N.C. App. 116 N.C. App.