Danielson v. Cummings

MARTIN (Harry C.), Judge.

Plaintiff’s alleged cause of action accrued on 20 August 1973. The present action was instituted on 15 February 1978; therefore, the action is barred by the three years statute of limitations, N.C.G.S. 1-52, unless it was instituted in accordance with Rule 41(a)(1) of the North Carolina Rules of Civil Procedure.

The pertinent provisions of Rule 41(a)(1) are:

[A]n action or any claim therein may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before the plaintiff rests his case, . . .. If an action commenced within the…