Bowen v. Hodge Motor Co.

EXUM, Justice.

We allowed defendant’s petition for further review in order to determine whether the trial judge had jurisdiction to entertain plaintiffs’ Rule 41(a) (2) motion for voluntary dismissal without prejudice. We hold that under the circumstances here presented he did not.

This action for property damages to an automobile which burned allegedly because of defendant’s negligent repair of the carburetor was tried before judge and jury at a one-week session beginning on 28 July 1975 of Guilford District Court, High Point Division. The trial began on 30 July 1975. Defendant’s motions for…