Paulson v. Wahl

Should a plaintiff be entitled as a matter of right to a voluntary nonsuit after the defendants file motions for summary judgment supported by affidavits? The trial court answered this query in the affirmative, and without ruling on the merits of defendants’ motions, granted plaintiff Johnnie D. Paulson’s motion for a voluntary dismissal without prejudice. Only the defendants, Dr. Anderson and Dr. Wahl, appeal from the judgment of dismissal.

The facts pertinent to the question raised by this appeal are as follows: On October 5, 1971, plaintiff Johnnie D. Paulson, as administratrix of the…