Ewan v. Hardison Law Firm

OPINION

J. STEVEN STAFFORD, J„

delivered the opinion of the Court,

in which FRANK G. CLEMENT, JR., P.J., M.S., and DONALD E. PARISH, SP. J., joined.

Defendant appeals the trial court’s order of voluntary dismissal of Plaintiffs’ complaint. Defendant argues that Plaintiffs were not entitled to a voluntary dismissal because a motion for summary judgment was filed prior to the entry of the order on the nonsuit. We hold that a motion for summary judgment filed after a written notice of nonsuit has been filed does not preclude the plaintiffs right to take a voluntary dismissal pursuant to Rule 41 of…