In Re Marriage of Fine

The sole question presented for review in this case is whether evidentiary hearings on plaintiff Carole Fine’s right to temporary maintenance and a preliminary injunction are “hearings” within the meaning of section 52(1) of the Civil Practice Act (Ill. Rev. Stat. 1981, ch. 110, par. 52(1)), so as to bar her absolute right to dismiss her action pursuant to that section.

On March 16, 1981, Carole Fine commenced an action for dissolution of marriage against defendant George Fine. The complaint also contained alternative counts praying for damages, specific performance, a constructive or…