Carter Ex Rel. Carter v. Clowers

ARNOLD, Judge.

Defendants’ sole assignment of error is whether the court erred in granting plaintiff’s motion to amend his notice of voluntary dismissal with prejudice.

Initially, we question the trial court’s reasoning for allowing the motion to amend the Rule 41(a) dismissal. The second Finding of Fact reads, “The Notice of Dismissal with prejudice has no effect on a claim against Defendant Deeney because the Court had no personal jurisdiction over him when the dismissal was entered.” If the trial court did not have jurisdiction over defendant when the dismissal was filed, what is the basis…