Potter v. Patterson

hARMSTRONG, Judge.

This case involves a mistaken voluntary dismissal with prejudice of an entire personal injury action despite the fact that only one of several defendants had settled with the plaintiffs. The trial court ruled that the mistaken judgment is a nullity. We find that the mistaken judgment could have and should have been set aside upon the plaintiffs’ motion for new trial and we need not reach the question of nullity. Thus, we affirm the result reached by the trial court — i.e. that the case is reinstated as to all defendants except the one which settled — but do so upon a…