Legal Opinion
Walker Frames v. Shively
Court of Appeals of North Carolina
Decided August 20, 1996No. COA95-688PublishedCited by 10 opinions
1Opinion of the Court
EAGLES, Judge.
We first address plaintiff’s argument that the trial court erred in failing to vacate a judgment that is void as a matter of law. Plaintiff argues that defendants could not assert a claim for damages in a motion after plaintiff, through counsel, had already taken a voluntary dismissal pursuant to Rule 41(a). We agree.
On 11 April 1994, plaintiffs attorney validly took a voluntary dismissal in open court pursuant to Rule 41(a)(l)(i) as noted in the minutes of the Randolph County Clerk of Superior Court. Johnson v. Hutchens, 103 N.C. App. 384, 385, 405 S.E.2d 597, 598 (1991). By…
2Cases cited4 opinions
- Universidad Central Del Caribe, Inc. v. Liaison Committee on Medical EducationCourt of Appeals for the First Circuit · 1985
- Davis Bros. v. WallaceSupreme Court of North Carolina · 1925
- Fields v. Irvin H. Whitehouse & Sons Co.Court of Appeals of North Carolina · 1990
- Johnson v. HutchensCourt of Appeals of North Carolina · 1991
3Cited by10 opinions
- Brisson v. Kathy A. Santoriello, M.D., P.A.Supreme Court of North Carolina · 2000
- Housing Authority v. SPARKS ENGINEERING, PLLC.Court of Appeals of North Carolina · 2011
- VSD Communications, Inc. v. Lone Wolf Publishing Group, Inc.Court of Appeals of North Carolina · 1996
- Reid v. Town of MadisonCourt of Appeals of North Carolina · 2001
- Estate of Barksdale v. Duke Univ. Med.Court of Appeals of North Carolina · 2005
5 more not listed; retrieve them via the Exa API.