203 N.C. App. 356 - Dunton v. Ayscue’s Empirical Analysis
2010
Citation profile
8 state decisions
Relationships
Relies on Masters v. Dunstan · 121 N.C. App. 382 - Graham v. Hardee's Food Systems, Inc. · 102 N.C. App. 247 - Carter Ex Rel. Carter v. Clowers · City of Raleigh v. College Campus Apartments, Inc. · 94 N.C. App. 280 - City of Raleigh v. College Campus Apartments, Inc.
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]n enacting the two dismissal provision of Rule 41(a) (1), the legislature intended that a second dismissal of an action asserting claims based upon the same transaction or occurrence as a previously dismissed action would operate as an adjudication on the merits and bar a third action based upon the same set of facts.”
2 later decisions quote this exact passage“[A]n 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 ... Unless otherwise stated in the notice of dismissal . . . the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of this or any other state or of the United States, an action based on or including the same claim.”
1 later decision quote this exact passage“(1) the plaintiff must have filed two notices to dismiss under Rule 41(a)(1) and (2) the second action must have been based on or included the same claim as the first action.”
1 later decision quote this exact passage · from the majority
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.