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Allen v. Carolina Permanente Medical Group8/1/2000
ase here, however." Brisson, ___ N.C. ___, ___, ___ S.E.2d ___, ___ (slip op. 9) (emphasis in original).
Plaintiff is correct when she says it is within the trial court's discretion whether to dismiss with or without prejudice. However, in the present case, plaintiff never moved to amend her complaint nor did she take a voluntary dismissal pursuant to Rule 41(a). Thus, the granting of defendants' motion to dismiss with prejudice, under the provisions of Rule 9(j), serves as res judicata, barring plaintiff from now arguing that her case should have been dismissed without prejudice to her. The record before us does not support an argument that the trial court abused its discretion. Thus, the trial court's judgment is
Affirmed.
Judges GREENE and HORTON concur.
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