R. A. Davenny & Associates, Inc. v. Shinjin Motor Sales Co.

OPINION

Before RABINOWITZ, C. J., CON-NOR, BOOCHEVER and FITZGERALD, JJ., and DIMOND, J. Pro Tem. RABINOWITZ, Chief Justice.

This review proceeding raises issues concerning Civil Rule 41 (a)(1) [a] which provides for voluntary dismissal of an action.

On October 23, 1974, petitioner instituted an action against respondent alleging that respondent had wrongfully failed to file a termination statement pursuant to a security agreement.1 On November 12, Wanamaker and DeVeaux entered an appearance as attorneys for respondent, and, on this same date, petitioner stipulated that respondent would have…