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TRAVELERS INS. CO. v. RYDER TRUCK RENTAL, INC.

No. 7714SC61.

238 S.E.2d 193 (1977)

34 N.C. App. 379

The TRAVELERS INSURANCE COMPANY, Plaintiff, v. RYDER TRUCK RENTAL, INC., Defendant, Third-Party Plaintiff, v. SAN-BAR CORPORATION OF the CAROLINAS, Third-Party Defendant.

Court of Appeals of North Carolina.

November 2, 1977.

Attorney(s) appearing for the Case

Spears, Barnes, Baker & Boles by J. Bruce Hoof, Durham, for plaintiff.

Henson & Donahue by Daniel W. Donahue, Greensboro, for defendant, third-party plaintiff.

Pulley & Wainio, P. A. by John C. Wainio, Durham, for third-party defendant.

ARNOLD, Judge.

Defendant, the third party plaintiff, argues on appeal that the trial court committed prejudicial error in failing to strike plaintiff's notice of voluntary dismissal without prejudice. We should note at the outset that a motion to strike "any insufficient defense or any redundant, irrelevant, immaterial, impertinent, or scandalous matter" under G.S. 1A-1, Rule 12(f) is not the proper motion by which to challenge a notice of dismissal without prejudice...

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