Civil Practice – Voluntary Dismissal – Summary Judgment – Case Rested – Genuine Issue of Material Fact

Holding: We affirm our Court of Appeals’ decision (At the hearing on defendants’ summary judgment motion, plaintiff’s counsel made her argument and said, “I have no further comments[.]” This indicated that plaintiff had rested its case. Despite the fact that the trial court held the record open on the sole issue of the validity of the purported verification of the complaint, plaintiff no longer had the option of taking a voluntary dismissal without prejudice under N.C. R. Civ. P. 41(a).).

Allied Spectrum, LLC v. German Auto Center, Inc. (Lawyers Weekly No. 010-016-18, 1 p.) (Per Curiam) Appealed from Wake County Superior Court (Paul Gessner, J.) On appeal from the Court of Appeals. Brice Bratcher & J. Denton Adams for plaintiff; John Austin for defendants. N.C. S. Ct.