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SUTTON v. SUTTON

No. 7318DC290.

197 S.E.2d 9 (1973)

18 N.C. App. 480

Marshall Bryan SUTTON v. Claude S. SUTTON, Jr.

Court of Appeals of North Carolina.

June 13, 1973.

Attorney(s) appearing for the Case

Smith, Moore, Smith, Schell & Hunter by Jack W. Floyd, Greensboro, for plaintiff appellant.

Cahoon & Swisher by Robert S. Cahoon, Greensboro, for defendant appellee.

HEDRICK, Judge.

The correctness of the order appealed from depends on the effect given the judgment of voluntary dismissal with prejudice dated 21 May 1971.

In Collins v. Collins, N.C.App., 196 S.E.2d 282 (1973), Judge Britt, writing for this court, stated:

"Under the former practice a judgment of voluntary nonsuit terminated the action and no suit was pending thereafter in which the court could make a valid order...

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