Legal Opinion
Global Computer Enterprises, Inc. v. Steese, Evans & Frankel P.C. (In re Global Computer Enterprises, Inc.)
United States Bankruptcy Court, E.D. Virginia
Decided September 23, 2016No. Case No. 14-13290-RGM; Adv. Proc. No. 15-01063Published
1Opinion of the Court
MEMORANDUM OPINION
Robert G. Mayer, United States Bankruptcy Judge
This case was before the court on the debtor’s Motion to Voluntarily Dismiss this case pursuant to Federal Rule of Bankruptcy Procedure 7041 which incorporates Rule 41 of the Federal Rules of Civil Procedure. The debtor proceeds under Rule 41(a)(2).
The Court of Appeals for the Fourth Circuit explained the purpose and operation of Rule 41(a)(2) in Davis v. USX Corp., 819 F.2d 1270, 1273 (4th Cir. 1987). It stated:
The purpose of Rule 41(a)(2) is freely to ' allow voluntary dismissals unless the parties will be unfairly prejudiced.…
2Cases cited9 opinions
- Stern v. MarshallSupreme Court of the United States · 2011
- Milton Lecompte v. Mr. Chip, Inc.Court of Appeals for the Fifth Circuit · 1976
- Executive Benefits Insurance Agency v. ArkisonSupreme Court of the United States · 2014
- Nannette B. Davis v. Usx CorporationCourt of Appeals for the Fourth Circuit · 1987
- S.A. Andes v. Versant Corporation, and First Washington Investments Corporation and Thomas F. HerrCourt of Appeals for the First Circuit · 1986
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