Bailey v. State Farm Fire & Casualty Co.

Defendant, State Farm Fire & Casualty Company, appeals from an order of the circuit court of Madison County granting plaintiffs motion for voluntary dismissal of a declaratory judgment action and denying defendant’s motion to dismiss the cause with prejudice. Defendant alleges plaintiff was not entitled to a voluntary dismissal as a matter of right, and that the court should have dismissed plaintiff’s complaint for failure to amend her pleadings after a dismissal with leave to amend. Plaintiff has filed a cross-appeal for the purpose of preserving the right to appellate review of the…