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Northwestern Financial Group Inc. v. County of Gaston6/15/1993
ll the expenses referred to in the allegation were incurred after Northwestern initiated the 1988 action. We believe that the above allegation is evidence, but we do not believe that this allegation, by itself, affirmatively establishes that damages or expenses were incurred between 28 June 1988 and 26 August 1988.
We thus remand this matter for trial. If the trial court determines that Northwestern had incurred monetary damages at the time the 1988 action was filed then the present action is barred whether or not the full extent of Northwestern's damages was known with certainty because all of Northwestern's claims for relief should have been brought in the same action. The failure to do so would violate the rule against claim splitting. Bockweg, 333 N.C. at 492, 428 S.E.2d at 161.
Therefore, the trial court's denial of defendants' motion for summary judgment is affirmed and this action is remanded to the trial court for a determination at trial as to whether or not Northwestern had incurred any monetary damages at the time the 1988 action was filed.
Affirmed and Remanded with instructions.
Judges WELLS and COZORT concur.
Disposition
Affirmed and Remanded with instructions.
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