Sohn v. Lam Thanh Thuy Thi

Faced with a contest between defendant’s motion for summary judgment, seeking dismissal with prejudice, and plaintiff’s notice of voluntary dismissal without prejudice, the trial court entered an order that purported to grant both. The court followed with a judgment that dismissed plaintiffs case with prejudice. Plaintiff appeals and assigns error to the court’s dismissal with prejudice.1 We reverse and remand.

Although the procedural course of this case is not simple, the procedural facts are not disputed, and the resolution is not complicated. Plaintiff had filed an earlier action for…