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SWYGERT v. SWYGERT

No. 793DC349.

264 S.E.2d 902 (1980)

Beverly Vaughn SWYGERT v. John Davis SWYGERT, Jr.

Court of Appeals of North Carolina.

April 15, 1980.

Attorney(s) appearing for the Case

John V. Hunter, III, New Bern, for plaintiff-appellant.

Wheatly, Wheatly & Davis by C. R. Wheatly, Jr., Beaufort, for defendant-appellee.

PARKER, Judge.

Plaintiff first assigns error to the court's dismissal with prejudice of her claims for alimony. She contends that the court erred in refusing to allow her to dismiss her suit voluntarily prior to the hearing on the merits. We find no error. G.S. 1A-1, Rule 41(a)(1) provides that a plaintiff may dismiss his action voluntarily without order of court "by filing a notice of dismissal at any time before the plaintiff rests his

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