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COWPERTHWAIT v. SALEM BAPTIST CHURCH, INC.

No. COA22-374.

892 S.E.2d 621 (2023)

Ian COWPERTHWAIT, William Cowperthwait, and Catherine Cowperthwait, Plaintiffs, v. SALEM BAPTIST CHURCH, INC., Defendant.

Court of Appeals of North Carolina.

Filed September 5, 2023.

Attorney(s) appearing for the Case

Fox Rothschild LLP, Raleigh, by Troy D. Shelton and Elizabeth Brooks Scherer , and Smith Law Group, PLLC, by Steven D. Smith , Charlotte, and Jonathan M. Holt , for plaintiffs-appellants.

Bovis, Kyle, Burch & Medlin, LLC, Greensboro, by Brian H. Alligood , for defendant-appellee.

This appeal concerns Plaintiffs' attempt to take a voluntary dismissal without prejudice in accordance with Rule 41(a)(1) after the trial court had announced its ruling involuntarily dismissing the action under Rule 41(b). During the hearing, Plaintiffs had expressed a contingent desire to take a voluntary dismissal if the trial court...

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