McCARLEY v. McCARLEY

No. 7426DC329.

210 S.E.2d 531 (1975)

24 N.C. App. 373

Elizabeth Ann McCARLEY v. Leslie Harvey McCARLEY.

Court of Appeals of North Carolina.

Certiorari Allowed March 4, 1975.


Attorney(s) appearing for the Case

Lila Bellar, Charlotte, for plaintiff appellant.

Hamel, Cannon & Hamel, P.A. by Thomas R. Cannon, Charlotte, for defendant appellee.


Certiorari Allowed by Supreme Court March 4, 1975.

PARKER, Judge.

Plaintiff first assigns error to the court's action in granting defendant's motion to set aside her notice of dismissal. Plaintiff contends that under G.S. § 1A-1, Rule 41(a)(1), a plaintiff in a civil action has the unfettered right to have the action dismissed by filing a notice of dismissal at any time before the plaintiff rests his case, regardless of whether defendant has filed an...

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