Crowell v. Chapman

EXUM, Justice.

Plaintiff Crowell sued a class of defendants pursuant to Rule 23 of the N.C. Rules of Civil Procedure. Thereafter she lost her status as a real party in interest in the case and filed a notice of voluntary dismissal under Rule 41(a). After joining the Bowers who had become the real parties in interest as parties plaintiff, Judge Johnson vacated plaintiff Crowell’s motion of voluntary dismissal, in effect maintaining Crowell as a party plaintiff in the case. The Court of Appeals found no error in this result. We disagree and reverse.

On 6 July 1978 plaintiff Crowell filed…