Danielson v. Cummings

CARLTON, Justice.

The sole question presented is whether the one-year period in which to reinstitute suit from a voluntary dismissal taken pursuant to G.S. 1A-1, Rule 41(a)(i), runs from time of notice given in open court prior to plaintiff resting his case or from the time written notice is filed with the clerk of court. We hold that the one-year period runs from the time notice is given in open court and so affirm the decision of the Court of Appeals.

The pertinent part of Rule 41 provides:

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