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LOWE v. BRYANT

No. 8117SC51.

286 S.E.2d 652 (1982)

Foster Lee LOWE and wife, Patricia C. Lowe, Plaintiffs, v. Ernest Weldon BRYANT and wife, Sadie J. Bryant; and Bernie A. Fowler (widow), Defendants. Foster Lee LOWE and wife, Patricia C. Lowe, Plaintiffs, v. Ernest Weldon BRYANT and wife, Sadie J. Bryant; and H. V. Holder, Defendants.

Court of Appeals of North Carolina.

February 2, 1982.

Attorney(s) appearing for the Case

Folger, Folger & Bowman by Larry Bowman, Mount Airy, for the plaintiffs-appellants.

Gardner, Gardner, Johnson, Etringer & Donnelly by Fred L. Johnson, Mount Airy, for defendant-appellee Fowler.

Hiatt & Hiatt by V. Talmage Hiatt, Mount Airy, for defendants-appellees Bryants and Holder.

ROBERT M. MARTIN, Judge.

The sole issue on appeal is whether the trial judge erred in disallowing the plaintiffs' notice of voluntary dismissal, which they attempted to file pursuant to Rule 41(a)(1), N.C.Rules Civ.Proc.

Rule 41(a)(1), N.C.Rules Civ.Proc. provides that a voluntary dismissal may be taken by a claimant as to any one or more of his claims by simply filing a notice of dismissal at any time before he rests his case. Except in a class action pursuant...

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