Donald O. Shaffer v. James Evans

The plaintiff appeals from an order of the trial court dismissing his suit with prejudice when he declined to proceed further upon the court's denying his motion to dismiss the action without prejudice after the defendant had filed an answer. The sole contention on appeal is that the court erred in denying the motion to dismiss the suit without prejudice.

In the interest of protecting the rights of all the parties and accomplishing expeditious disposition of litigation, a motion by the plaintiff to dismiss after service of the defendant’s answer or motion for summary judgment is addressed to…