Thompson v. Newman

ORR, Judge.

The issue on appeal is whether the trial court erred in granting defendants’ motion for summary judgment. For the reasons set forth below, we conclude that the statement by plaintiffs’ attorney in open court regarding the taking of a voluntary dismissal is ambiguous as to whether plaintiff is in fact taking a voluntary dismissal or is expressing an intention to do so.

N.C. Gen. Stat. § 1A-1, Rule 41(a)(1) (1990) of the North Carolina Rules of Civil Procedure provides in relevant part:

[A]n action or any claim therein may be dismissed by the plaintiff without order of court (i) by…