Lowe v. Bryant

MARTIN (Robert M.), Judge.

The sole issue on appeal is whether the trial judge erred in disallowing the plaintiffs’ notice of voluntary dismissal, which they attempted to file pursuant to Rule 41(a)(1), N.C. Rules Civ. Proc.

Rule 41(a)(1), N.C. Rules Civ. Proc. provides that a voluntary dismissal may be taken by a claimant as to any one or more of his claims by simply filing a notice of dismissal at any time before he rests his case. Except in a class action pursuant to Rule 23 or where otherwise provided by a specific statute, no order or other approval of the court is necessary. W. Shuford,…