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ROBINSON v. GENERAL MILLS RESTAURANTS, INC.

No. 9119SC1159.

430 S.E.2d 696 (1993)

110 N.C. App. 633

George Douglas ROBINSON and Cathy P. Robinson v. GENERAL MILLS RESTAURANTS, INC., d/b/a Red Lobster Inns of America v. SALT WATER SEAFOOD, INC. and Olde Townsite Company, Inc. t/a Saltwater Seafood and George Douglas ROBINSON and Cathy P. Robinson v. GENERAL MILLS RESTAURANTS, INC., d/b/a Red Lobster Inns of America, Olde Townsite Company, Inc., t/a Saltwater Seafood, and Salt Water Seafood, Inc.

Court of Appeals of North Carolina.

June 15, 1993.

Attorney(s) appearing for the Case

Bailey & Dixon by Gary S. Parsons, Patricia P. Kerner and Steven M. Fisher, Raleigh, for plaintiffs.

Hutchins, Tyndall, Doughton & Moore by H. Lee Davis, Jr., Winston-Salem, for defendant General Mills Restaurants, Inc.

Bell, Davis & Pitt, P.A. by Richard V. Bennett and Howell A. Burkhalter, Winston-Salem, for defendants Olde Townsite Co., Inc., Salt Water Seafood, Inc. and Saltwater Seafood.

McCRODDEN, Judge.

This case presents two questions: first, whether a voluntary dismissal is effective if, although filed in the correct county, it recites a different county; and second, when, if ever, a trial court may grant a Rule 60 motion for relief from a voluntary dismissal without prejudice. Because of the intricate nature of the procedural questions involved, we must first give a brief recitation of the procedural history of this case.

On 24 January...

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