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CARTER v. CLOWERS

No. 9010SC698.

401 S.E.2d 662 (1991)

Brandon A. CARTER, By and Through his Guardian Ad Litem, Alvin Carter, Plaintiff, v. John William CLOWERS and Joseph Alexander Deeney, Defendants.

Court of Appeals of North Carolina.

March 19, 1991.

Attorney(s) appearing for the Case

Kirby, Wallace, Creech, Sarda, Zaytoun & Cashwell by Peter J. Sarda and Richard P. Nordan, Raleigh, for plaintiff-appellee.

Bailey & Dixon by Gary S. Parsons and Mary Elizabeth Clarke, Raleigh, for defendants-appellants.

ARNOLD, Judge.

Defendants' sole assignment of error is whether the court erred in granting plaintiff's motion to amend his notice of voluntary dismissal with prejudice.

Initially, we question the trial court's reasoning for allowing the motion to amend the Rule 41(a) dismissal. The second Finding of Fact reads, "The Notice of Dismissal with prejudice has no effect on a claim against Defendant Deeney because the Court had no personal jurisdiction over him when...

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