Atkins v. Rice

In this appeal, we consider whether a plaintiff may take a nonsuit when a defendant’s motion to dismiss has been filed, memoranda of law in support of and in opposition to the motion have been submitted, arguments have been made before the trial court by both parties, with no further evidence to be presented or arguments to be made, and the case has been presented to the trial court for its decision.

I. Facts and Proceedings Below

On February 14, 2001, Estelle Brown Rice (“Rice”) filed a motion for judgment against Shannon Gail Atkins (“Atkins”) alleging personal injuries from an automobile…