State Ex Rel. Fisher v. McKenzie

ORIGINAL PROCEEDING IN PROHIBITION

HIGGINS, Judge.

The issue is whether the Circuit Court of Monroe County exceeded its jurisdiction by overruling plaintiffs’ voluntary dismissal without prejudice, filed pursuant to Supreme Court Rule 67.01 before the introduction of evidence at trial. The trial court overruled plaintiffs’ dismissal motion and retained jurisdiction in order to hear the parties’ motions for sanctions and to permit the defendants to file a counterclaim. The court had no jurisdiction to overrule the dismissal motion because the plain language of Rule 67.01 provides a right of…