Whetstone v. Chadduck

David Newbern, Justice.

Bernard Whetstone appeals from two orders of the Trial Court. The first order granted Dr. William Chadduck’s motion for a voluntary nonsuit which resulted in the dismissal of his claim against Mr. Whetstone without prejudice. Mr. Whetstone’s contention that the dismissal should have been with prejudice is without merit due to the plaintiff’s absolute right to a voluntary nonsuit without prejudice pursuant to the express terms of Ark. R. Civ. P. 41(a). The Trial Court’s second order imposed sanctions on Dr. Chadduck pursuant to Ark. R. Civ. P. 11. Mr. Whetstone appeals…