PARRISH v. UZZELL

No. 784SC766.

255 S.E.2d 219 (1979)

41 N.C. App. 479

Carol Ann PARRISH v. Russell UZZELL, d/b/a U & H Motors and William A. Parrish, Jr., Administrator of the Estate of William A. Parrish, Sr.

Court of Appeals of North Carolina.

June 5, 1979.


Attorney(s) appearing for the Case

Joseph C. Olschner, Jacksonville, for plaintiff-appellant.

Ward & Smith by William Joseph Austin, Jr., and Michael P. Flanagan, New Bern, for defendant-appellee, Russell Uzzell.


PARKER, Judge.

The trial court found that, pursuant to the provisions of G.S. 1A-1, Rule 41(a)(1), the dismissal of plaintiff's second action operated as an adjudication on the merits of her claim, thereby barring her right to maintain any further action based on the same claim. We do not agree and accordingly reverse.

G.S. 1A-1, Rule 41(a), entitled "Voluntary dismissal; effect thereof," contains two subsections as follows:

(1) By Plaintiff; by Stipulation...

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