In Pierce v. Johnson, 154 N.C. App. 34, 571 S.E.2d 661 (2002), the plaintiff was injured in a motor vehicle accident allegedly caused by the negligence of John Daniel Johnson ("John"). Id. at 35, 571 S.E.2d at 662. John died, and approximately a year after his death plaintiff attempted to serve him within the statute of limitations at his last known address. Id. at 35-36, 571 S.E.2d at 662. Roby Daniel Johnson ("Roby"), the executor of John's estate, accepted service by signing "Daniel Johnson". Id. at 36, 571 S.E.2d at 662. Counsel for the estate then engaged in discovery and settlement negotiations with plaintiff's counsel. Id. at 36, 571 S.E.2d at 663. Plaintiff alleged, only after the statute of limitations had expired, at the hearing on the motion to dismiss, that defense counsel revealed the fact that the named defendant, John, was deceased. Id. at 36-37, 571 S.E.2d at 663. Plaintiff made a motion to amend the original complaint to substitute the estate as the defendant, which the trial court denied. Id. at 37, 571 S.E.2d at 663. Plaintiff appealed. Id. at 37, 571 S.E.2d at 663. This Court reversed and remanded the case determining that "plaintiff's failure to plead the estate of John Daniel Johnson was a misnomer, and therefore, the trial court made an error in law by not permitting an amendment under Rule 15(c)." Id. at 37-45, 571 S.E.2d at 664-68. "A misnomer is a mistake in name; giving an incorrect name to the person in accusation, indictment, pleading, deed, or other instrument." Id. at 39, 571 S.E.2d at 665. The proper legal representative of the estate was actually served within the statute of limitations. Id. The Court also note that in Pierce, the decedent's personal representative signed for service of the summons and complaint about five months before expiration of the statute of limitations with what appeared to be the name of the decedent and waited until after the statute of limitations had run to reveal to the plaintiff that the named defendant was deceased. See id. at 36-37, 571 S.E.2d at 662.