Sanford v. F. A. Chastain Construction, Inc.

We have before us three separate appeals which have been consolidated for all appellate purposes. Each case is an appeal by the defendant from a final order pursuant to a voluntary non-suit.

Appellant’s position is that inasmuch as the non-suit practice no longer exists in this jurisdiction and the grounds, upon which the non-suit was announced, were not sufficient for granting a voluntary dismissal without prejudice, the final order pursuant to non-suit must be reversed and an order dismissing the causes with prejudice substituted therefor. It is pointed out that, as set forth in Union Trust…