Liss v. Seamark Foods

In Liss v. Seamark Foods, 147 N.C. App. 281, 286, 555 S.E.2d 365, 368-69 (2001) the Court stated that "correction of a misnomer in a pleading is allowed even after the expiration of the statute of limitations provided certain elements are met." Liss also provided that an amendment to correct a misnomer in the description of a party defendant may be granted after the expiration of the Statute of Limitations if: (1) there is evidence that the intended defendant has in fact been properly served; (2) the intended defendant would not be prejudiced by the amendment. Id. at 286, 555 S.E.2d at 369.