CULLEN v. CAROLINA HEALTHCARE SYSTEMS

No. COA99-671.

524 S.E.2d 596 (2000)

Nancy CULLEN, and Douglas Cullen, Co-Administrators of the Estate of Cameron Patrick Cullen, Plaintiff-Appellants, v. CAROLINA HEALTHCARE SYSTEMS, formerly known as The Charlotte-Mecklenburg Hospital Authority; The Willows at Amethyst, a facility of Carolina Healthcare Systems; and Dr. James E. Lee, Defendant-Appellees.

Court of Appeals of North Carolina.

February 1, 2000.


Attorney(s) appearing for the Case

Wade E. Byrd and Leighton W. McFarland, III, Fayetteville, for plaintiff appellants.

Golding Holden Cosper Pope & Baker, L.L.P., by John G. Golding, Charlotte, for the defendant appellee Carolina Healthcare Systems, formerly known as The Charlotte-Mecklenburg Hospital Authority; The Willows at Amethyst, a facility of Carolina Healthcare Systems.

Parker, Poe, Adams & Bernstein L.L.P., by David N. Allen and Patrick J. Fogarty, Charlotte, for defendant appellee Dr. James E. Lee.


HORTON, Judge.

Plaintiffs contend the trial court erred in (I) ruling that their conditional voluntary dismissal constituted a voluntary dismissal under Rule 41(a)(1) of the North Carolina Rules of Civil Procedure, (II) dismissing the action, and (III) taxing costs against plaintiffs pursuant to Rule 41(d). We disagree, and affirm the order of the trial court. Since the assignments of error all relate to the application of Rule 41, we will consider the assignments...

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