Hodge v. Johnson

OPINION

MAY, Judge.

Cathy Hodge appeals the trial court's Preliminary Determination of Law and grant of summary judgment in favor of Alan H. Johnson, M.D. She raises one issue: whether the trial court erred in determining she could not rescind her dismissal of a proposed medical malpractice complaint pending before the Indiana Department of Insurance.

Because court intervention is not required to voluntarily dismiss a complaint where the complainant unequivocally expresses her intent to dismiss, we hold the trial court did not err in determining Hodge dismissed her complaint. Accordingly, we…