STATE EX REL. CARTERET COUNTY v. DAVIS

No. COA10-163.

700 S.E.2d 85 (2010)

STATE of North Carolina, by and through its CARTERET COUNTY CHILD SUPPORT ENFORCEMENT OFFICE, ex rel., Burnice Boggs, Petitioner, v. Tyrone DAVIS, Respondent.

Court of Appeals of North Carolina.

October 5, 2010.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Special Deputy Attorney General Gerald K. Robbins , for the State.

Valentine & McFayden, P.C., Beaufort, by Stephen M. Valentine , for respondent-appellee.


BRYANT, Judge.

Where a petitioner voluntarily dismissed the action on one occasion and where another dismissal was entered by order of the court granting respondent's motion to dismiss, the "two dismissal" provision of Rule 41(a) was not implicated, and the trial court erred in concluding the two dismissal rule applied to bar petitioner's action. Therefore, we reverse.

On 4 October 2001, in docket number 01 CVD 1146, Donna Chenevert, resident of Houma, Louisiana...

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