CLUB LECONTE v. Swann

OPINION

in which SHARON G. LEE, J., and D. KELLY THOMAS, JR., J., joined.

In the Trial Court, at the conclusion of plaintiffs proof, defendant moved for the entry of an involuntary dismissal pursuant to Rule 41.02(2), and before the Trial Judge ruled on that Motion plaintiff moved for a voluntary dismissal which the Trial Court denied, and granted defendant’s Motion for an involuntary dismissal with prejudice. On appeal, we hold that the Trial Court erred in refusing to grant plaintiffs Motion for a voluntary dismissal.

This action originated in Sessions Court when plaintiff filed a civil…