154 N.C. App. 709 - Williams v. Poland’s Empirical Analysis
2002
Citation profile
4
cited by 4 later decisions
1
states following
July 2018
most recently cited
4 state decisions
Relationships
Relies on Veazey v. City of Durham · Veazey v. City of Durham · Bryson v. Sullivan · Brisson v. Kathy A. Santoriello, M.D., P.A. · McCarley v. McCarley
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.
“Defendants contend that their assertion of a Rule 12(b)(6) motion constitutes a ground for affirmative relief that prevents plaintiff from entering a voluntary dismissal without prejudice. We disagree. A request for affirmative relief has been defined by this Court as relief for which defendant might maintain an action independently of plaintiff's claim and on which he might proceed to recovery, although plaintiff abandoned his cause of action or failed to establish it. Here, the Rule (12)(b)(6) motion to dismiss by defendants cannot survive independently without the plaintiff's underlying claim. Therefore, the Rule 12(b)(6) motion to dismiss is not a request for affirmative relief that cancel's plaintiff's ability to voluntarily dismiss her case 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.