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NO. COA10-383 NORTH CAROLINA COURT OF APPEALS Filed: 15 March 2011 PAULA MAY TOWNSEND, Plaintiff, v. MARK WILLIAM SHOOK, individually and in his official capacity as Sheriff of Watauga County; and WESTERN SURETY COMPANY; Defendants. Appeal by defendants from order entered 28 January 2010 by Judge Richard L. Doughton in Watauga County Superior Court. in the Court of Appeals 26 October 2010. Gray Newell, LLP, by Angela Newell Gray, for plaintiffappellee. Forman Rossabi Black, P.A., by Emily J. Meister and Gavin J. Reardon for defendant-appellant Mark Shook, in his individual capacity; and Womble Carlyle Sandridge & Rice, by James R. Morgan, Jr. and Bradley O. Wood, for defendant-appellants Mark Shook, in his official capacity as Sheriff of Watauga County, and Western Surety Company. STEELMAN, Judge. The prior action pending doctrine is not applicable where the parties, legal issues, and subject matter in this case are not substantially similar to those raised in Shook's lawsuit filed in 2007. Plaintiff was not required to file her wrongful termination Heard Watauga County No. 09 CVS 517

claim as a compulsory counterclaim to Shook's action under Rule 13 of the Rules of Civil Procedure. I. Factual and Procedural Background

-2On 12 December 2006, Paula Townsend (plaintiff) filed an action in the United States District Court for the Western District of North Carolina against Mark Shook (Shook), individually and in his official capacity as Sheriff of Watuaga County; Watauga County; and Western Surety Company, the provider of Shook's surety bond pursuant to N.C. Gen. Stat.

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South Carolina Law