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THOMPSON v. NEWMAN

No. 9012SC376.

399 S.E.2d 407 (1991)

101 N.C. App. 385

Geneva THOMPSON and David O. Thompson, Plaintiffs, v. William H. NEWMAN, Individually, and William H. Newman, M.D., P.A., Defendants.

Court of Appeals of North Carolina.

January 15, 1991.

Attorney(s) appearing for the Case

Bailey & Dixon by David M. Britt, Gary S. Parsons and Mary Elizabeth Clarke, Raleigh, for plaintiff-appellants.

Anderson, Broadfoot, Johnson & Pittman by Hal W. Broadfoot, Fayetteville, for defendant-appellees.

ORR, Judge.

The issue on appeal is whether the trial court erred in granting defendants' motion for summary judgment. For the reasons set forth below, we conclude that the statement by plaintiffs' attorney in open court regarding the taking of a voluntary dismissal is ambiguous as to whether plaintiff is in fact taking a voluntary dismissal or is expressing an intention to do so.

N.C.Gen.Stat. § 1A-1, Rule 41(a)(1) (1990) of the North Carolina Rules of...

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