Sutton v. Sutton

Court of Appeals of North Carolina

Sutton v. Sutton

197 S.E.2d 9, 18 N.C. App. 480, 1973 N.C. App. LEXIS 1910

CourtCourt of Appeals of North Carolina

DecidedJune 13, 1973

Docket7318DC290

StatusPublished

Cited by5 cases

This text of 197 S.E.2d 9 (Sutton v. Sutton) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sutton v. Sutton, 197 S.E.2d 9, 18 N.C. App. 480, 1973 N.C. App. LEXIS 1910 (N.C. Ct. App. 1973).

Pincite

Opinion

HEDRICK, Judge.

The correctness of the order appealed from depends on the effect given the judgment of voluntary dismissal with prejudice dated 21 May 1971.

In Collins v. Collins, 18 N.C. App. 45, 50, 196 S.E. 2d 282, 286 (1973), Judge Britt, writing for this court, stated:

“Under the former practice a judgment of voluntary nonsuit terminated the action and no suit was pending thereafter in which the court could make a valid order. 7 Strong, N. C. Index 2d, Trial, § 30, p. 317. We think the same rule applies to an action in which a plaintiff takes a voluntary dismissal under G.S. 1A-1, Rule 41(a) (1).”

Regardless of what name we apply to the order dated 21 May 1971, the effect thereof was to terminate the action and when plaintiff’s motion in the cause was made, no action was pending wherein the court could enter a valid order. The order denying the motion is

Affirmed.

Judges Britt and Baley concur.

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