The opinion
Judge WEBB
concurring in part and dissenting in part.
I dissent from the majority’s holding that it was error not to dismiss the action for violating G.S. 1A-1, Rule 8(a)(2). I believe the Superior Court was within its discretion in not ordering a dismissal. Jones v. Boyce, 60 N.C. App. 585 , 299 S.E. 2d 298 (1983) held it was not error to dismiss an action for the violation of this rule. I do not believe that case holds it is error not to dismiss for a violation of the rule. I vote with the majority on the other aspects of the case.