African Methodist Episcopal Church v. Shoulders

This matter has been before this Court on a prior occasion. African Methodist Episcopal Church v. Shoulders (1971), 31 Mich App 290. Upon remand the trial judge, over objection, granted plaintiffs’ motion, to dismiss their complaint pursuant to GCR 1963, 504.1(2). No terms or conditions were attached to the order of dismissal. Defendants appeal.

Plaintiffs argue that the grant or denial of a voluntary dismissal is within the sound discretion of the trial judge. Roberson v. Thomas (1968), 13 Mich App 384. We agree; however, in exercising that discretion the trial judge is to weigh the competing…