ORR, Judge.
The determinative issue on appeal is whether plaintiffs' motion for a voluntary dismissal was made in a timely manner. If the motion was timely, the trial court's order for summary judgment was improperly granted and plaintiffs are not barred from refiling the lawsuit within the one-year time limitation.
G.S. 1A-1, Rule 41(a)(1) states "an action or any claim therein may be dismissed by the plaintiff without order of court (i) by filing a notice...
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