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CROWELL v. CHAPMAN

No. 129A81.

293 S.E.2d 767 (1982)

Elisabeth Hurley CROWELL, Douglas F. Bowers, and wife, Betty B. Bowers, Plaintiffs, v. Mrs. Latta W. CHAPMAN; Howard Y. Dunaway, Jr.; Howard Y. Dunaway, Jr., Executor of the Estate of Marie Kemp Dunaway; Kemp R. Dunaway, and Mary Elizabeth Dunaway Piitz; Charles Edward Stires and wife, Constance P. Stires; Mebane Dowd Neeley; Stephen Reeves Cole; James S. L. Ray, Jr.; Joseph G. Wheeler and wife, Madeleine M. Wheeler; V. A. Vespoint and wife, Clara E. Vespoint; NCNB Mortgage Corporation; and Tim, Inc.; Individually and as Representatives of a Class composed of owners of legal and equitable title of real estate within the perimeter boundaries of a Map of Blocks 11-A and 11-B of Myers Park recorded in Map Book 230 at page 131, Mecklenburg County Public Registry, Defendants, and W. Thomas Rawlings and wife, Jeanne P. Rawlings; Stephen D. Hires and wife, Miranda F. Hires; and James T. Hinson and wife, Jane Pardee Hinson, Intervening Defendants.

Supreme Court of North Carolina.

August 3, 1982.

Attorney(s) appearing for the Case

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by Gaston H. Gage, Charlotte, for plaintiff-appellant.

Caudle, Underwood & Kinsey, P.A. by C. Ralph Kinsey, Jr. and John H. Northey, III, Charlotte, for defendants-appellees.

EXUM, Justice.

Plaintiff Crowell sued a class of defendants pursuant to Rule 23 of the N. C. Rules of Civil Procedure. Thereafter she lost her status as a real party in interest in the case and filed a notice of voluntary dismissal under Rule 41(a). After joining the Bowers who had become the real parties in interest as parties plaintiff, Judge Johnson vacated plaintiff Crowell's motion of voluntary dismissal, in effect maintaining Crowell as a party plaintiff in...

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