Total Service, Inc. v. Promotional Printers, Inc.

This appeal is from a denial by the Trial Court {O’Neil, J.) of the plaintiff’s motion for voluntary nonsuit without prejudice. The plaintiff asserted that it was entitled, as a matter of right, to the granting of the motion without prejudice. The trial court disagreed, stating that it would grant the motion with prejudice or allow the plaintiff to proceed to trial as scheduled. The plaintiff did not want to proceed to trial, and the court granted the plaintiff’s motion with prejudice.

The plaintiff presents the following questions for our review: (1) whether the trial court erred in denying…