Prime Medical Corp. v. First Medical Corp.

Goolsby, Judge:

The dispositive issue in this action for breach of contract against the respondents First Medical Corporation, Robert P. Schofield, Jr., and Thomas J. DeCaro (“First Medical”), is whether the administrative judge abused his discretion in denying the appellant Prime Medical Corporation’s motion for a voluntary dismissal without prejudice. We hold that he did so and reverse and remand for entry of an order of voluntary dismissal without prejudice.

Prime Medical filed a summons and complaint against First Medical for breach of. a contract to form a third corporation. First Medical…