Richardson v. McCracken Enterprises

Judge Wynn

dissenting.

In my opinion, the language of N.C.G.S. § 1A-1, Rule 41(a)(1) is clear. Therefore, we need not interpret this statute to give effect to the legislative intent. The two-dismissal rule under Rule 41(a)(1) provides in pertinent part that “a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed ... an action based on or including the same claim.” (emphasis added). Without any notion of ambiguity, the statute addresses the dismissal of the same claim, not transaction.

In this case, the plaintiffs brought an action in…