Kohn v. Mug-A-Bug

PHILLIPS, Judge.

Waiving defendants’ failure to notice their appeal from the order involved within the time stated by Rule 3, N.C. Rules of Appellate Procedure, we treat the appeal as a petition for certiorari and affirm the order appealed from, since Judge Gudger’s refusal to grant defendants’ motions for attorney’s fees and summary judgment was clearly correct.

The action against defendants having been voluntarily dismissed without prejudice under Rule 41(a)(1) — as plaintiffs had an unqualified right to do, since the case was still in the pre-trial stage and defendants had not sought any…