Brake v. Payne

CYNTHIA D. KINSER, Justice.

In these appeals, we once again address a plaintiff's right to suffer a nonsuit. The question is: When a plaintiff who lacks standing to bring an action suffers a nonsuit, does that nonsuit then impair a proper plaintiff's absolute right to a first nonsuit in a subsequently filed new action? We answer that question in the negative because the plaintiff without standing and the proper plaintiff are not suing in the same right. Thus, we will affirm the circuit court's judgment allowing a nonsuit in the action brought by the proper plaintiff. However, we will reverse…