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VSD COMMUNICATIONS, INC. v. LONE WOLF PUB. GROUP, INC.

No. COA96-170.

478 S.E.2d 214 (1996)

VSD COMMUNICATIONS, INC., Plaintiff, v. LONE WOLF PUBLISHING GROUP, INC., Defendant.

Court of Appeals of North Carolina.

December 3, 1996.

Attorney(s) appearing for the Case

Carlton & Carlton by Karen Kelly Carlton, Raleigh, for plaintiff-appellant.

William E. Moore, Jr., Raleigh, for defendant-appellee.

EAGLES, Judge.

We first address the threshold question of whether defendant's motions may be ruled upon by the trial court after plaintiff voluntarily dismissed its claims without prejudice pursuant to Rule 41(a). In Walker Frames v. Shively, 123 N.C. App. 643, 645-46, 473 S.E.2d 776, 778 (1996), we recognized that, as a general proposition, a Rule 41(a) dismissal "terminate[s] all adversary proceedings in [the] case."

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