Russ v. Gandhy

Defendants, Drs. Meera Gandhy and Jerry Beguelin, appeal from the trial court’s order granting the plaintiffs, Gary Russ and Barbara Russ’, motion for voluntary dismissal before considering the defendants’ motion for summary judgment. On appeal, the defendants raise the issue of whether the trial court abused its discretion when it considered and granted the plaintiffs’ motion for voluntary dismissal before considering defendants’ motion for summary judgment which was filed and set for hearing prior to plaintiffs’ motion. We affirm.

On August 4, Í983, plaintiffs filed a complaint against…