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JENNETTE FRUIT & PRODUCE v. SEAFARE CORP.

No. 841SC1250.

331 S.E.2d 305 (1985)

JENNETTE FRUIT & PRODUCE CO., INC. v. SEAFARE CORPORATION, Mich[ae]l D. Hayman, Phoebe G. Hayman, William A. Stafford and wife, Vanessa C. Stafford, Trenor Corporation, Thomas E. Flounders, III, and Edward T. Cayton, III, Trustees, and Norman W. Shearin, Jr., Trustee.

Court of Appeals of North Carolina.

July 2, 1985.

Attorney(s) appearing for the Case

Trimpi, Thompson & Nash by John G. Trimpi and C. Everett Thompson, Elizabeth City, for defendant-appellant Seafare Corp.

Leroy, Wells, Shaw, Hornthal & Riley by Dewey W. Wells, Elizabeth City, for codefendants-appellees William A. Stafford and Vanessa C. Stafford.

No brief filed for codefendant-appellee Trenor Corp.

WHICHARD, Judge.

The issue is whether plaintiff's voluntary dismissal of its claims against all defendants requires dismissal of a crossclaim pled by one defendant against three codefendants. We hold that it does not, and we accordingly reverse.

Plaintiff sought to recover money due it from defendant Seafare Corporation (defendant). It also sought to set aside a conveyance of real property from defendant to codefendants...

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