Moore v. Pate’s Empirical Analysis
1993
Citation profile
4 state decisions
Relationships
Relies on Cutts v. Casey · Plains Growers, Inc. v. Ickes-Braun Glasshouses, Inc. · Williams v. Smith · Joseph R. Armstrong, Sr. v. The Frostie Company, a New Jersey Corporation · 102 N.C. App. 247 - Carter Ex Rel. Carter v. Clowers
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The uncontroverted record reveals that plaintiff took his dismissal after he had rested his case, thus losing the ability to take a dismissal under Rule 41(a)(l)(i).... [S]ince plaintiff was unable to obtain a voluntary dismissal under Rule 41(a)(1), the only other means by which plaintiff could have taken his dismissal was under Rule 41(a)(2) which requires an order of the trial court and a finding that justice so requires. . . . Again there is no evidence that plaintiff took this avenue. Thus, plaintiff is left in the unenviable position of arguing that he should be allowed to take [a voluntary] dismissal without prejudice, when he has failed to follow any of the statutory options. It is clear from our review of the record that plaintiff was seeking a dismissal under Rule 41(a)(l)(i). . . . However, given the late stage in the trial at which plaintiff sought his dismissal, a dismissal under Rule 41(a)(l)(i) was not available to him, regardless of the trial court’s erroneous statements to the contrary.”
1 later decision quote this exact passage“(1) By plaintiff; by Stipulation.-Subject to the provisions of Rule 23(c) and of any statute of this State, an action or any claim therein may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before the plaintiff rests his case, or; (ii) by filing a stipulation of the dismissal signed by all the parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, ....”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.