Katz v. Bilsky

FARMER, Judge.

This case involves an appeal from an order allowing plaintiffs to take a voluntary nonsuit without prejudice.

Ronnie and Elaine Katz filed suit in general sessions court against Ruben and Charlotte Bilsky. Judgment was entered for the Bilskys. The Katzes appealed this decision to circuit court for a trial de novo. When one of their witnesses was not properly served with process and would not voluntarily appear, the Katzes decided that they could not at that time proceed further; therefore, they announced that they wished to take a voluntary nonsuit pursuant to T.R.C.P. 41.01(1)1.…