in order to settle or determine the controversy between the parties. See Ward v. Taylor, 68 N.C. App. 74, 78, 314 S.E.2d 814, 818 (1984) (“[i]t is well established that where [the] plaintiff takes a voluntary dismissal pursuant to G.S. 1A-1, Rule 41(a)(1), no suit is pending thereafter on which the court could make a final order”); Collins v. Collins, 18 N.C. App. 45, 50, 196 S.E.2d 282, 286 (1973) (the plaintiffs voluntary dismissal of a prior action “was a final termination of that action and ... no valid order could be made thereafter in that cause”). Accordingly, the trial court’s order dismissing plaintiff’s case without prejudice is not interlocutory and defendants have a right to appeal from this order. See Miller v. Ferree, 84 N.C. App. 135, 136, 351 S.E.2d 845, 847 (1987)
holding there is no statutory barrier to an appeal from an order dismissing only a portion of a count holding that the appeal was properly before the court where the appellant appealed from an order amending a prior order without appealing from the prior order holding that an order dismissing a claim without prejudice is a final appealable order if the statute of limitations for that claim has expired holding that the district courts order dismissing the pendent statelaw claims  should have been entered without prejudice holding appeal from an order dismissing action without prejudice was properly before this court