Doe v. Duke University

Judge Lewis

dissenting.

I respectfully dissent as to the majority’s decision to vacate the order and remand for return of the implants to defendant.

The majority holds that the order does not survive the plaintiff’s voluntary dismissal without prejudice. In so holding, they rely on the general rule that a voluntary dismissal “carries down with it previous rulings and orders in the case.” Gibbs, 265 N.C. at 464, 144 S.E.2d at 398 (quoting R.R Davis, Annotation, Effect of Nonsuit, Dismissal, or Discontinuance of Action on Previous Orders, 11 A.L.R.2d 1407, 1411 (1950)). The majority’s analysis is…