VSD Communications, Inc. v. Lone Wolf Publishing Group, Inc.

EAGLES, Judge.

We first address the threshold question of whether defendant’s motions may be ruled upon by the trial court after plaintiff voluntarily dismissed its claims without prejudice pursuant to Rule 41(a). In Walker Frames v. Shively, 123 N.C. App. 643, 646, 473 S.E.2d 776, 778 (1996), we recognized that, as a general proposition, a Rule 41(a) dismissal “terminate [s] all adversary proceedings in [the] case.” Id. The filing of a voluntary dismissal strips the trial court of its authority to enter further orders in the adversary proceedings, “except as provided by Rule 41(d) which…