MARKET AMERICA, INC. v. LEE

No. COA17-342.

809 S.E.2d 32 (2017)

MARKET AMERICA, INC., Plaintiff, v. Pamela LEE and Rusty Anchor Group, Inc., Defendants.

Court of Appeals of North Carolina.

Filed: December 19, 2017.


Attorney(s) appearing for the Case

Womble Carlyle Sandridge & Rice, LLP, Raleigh, by Pressly M. Millen and Samuel B. Hartzell , for plaintiff-appellant.

Essex Richards, P.A., Charlotte, by Marc E. Gustafson , for defendants-appellees.


There are two questions presented in this appeal. The first issue is whether a plaintiff is permitted to voluntarily dismiss its claims pursuant to Rule 41(a)(1) of the North Carolina Rules of Civil Procedure after the trial court has announced its ruling against the plaintiff on the defendant's dispositive motion but before the court...

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