Maxey v. Mason

This is an appeal from a judgment entered by the Hocking County Court of Common Pleas, Probate Division, overruling a motion to proceed with the will contest to which the plaintiff contestants had filed a notice of voluntary dismissal pursuant to Civ. R. 41(A). The following error is assigned:

"THE TRIAL COURT ERRED TO THE PREJUDICE OF THE DEFENDANT IN HOLDING THAT THE NOTICE OF DISMISSAL WITH PREJUDICE FILED ON BEHALF OF THE DENOMINATED PLAINTIFF-HEIRS TERMINATED THE TRIAL COURT'S JURISDICTION OVER THE WILL CONTEST ACTION AND IN CONSEQUENTLY DENYING THE APPELLANT LEAVE TO PROCEED WITH THE…