Bernay v. Sales

This case presents a single question: whether the trial court erred in allowing the plaintiff, appellee Jeanne M. Sales, to enter a voluntary dismissal without prejudice of her suit against the defendant, appellant Beryl Bernay, after appellant had filed a motion to dismiss for failure to state a claim for which relief can be granted. We hold that appellant’s bare motion to dismiss for failure to state a claim did not deprive appellee of her right to voluntary dismissal under the terms of Super.Ct. Civ.R. 41(a)(l)(i), and we decline to bend the rule to reach the opposite result. Thus, we…