Gibrick v. Skolnik

PRESIDING JUSTICE GORDON

delivered the opinion of the court:

NATURE OF ACTION

This is an appeal by the defendant from a voluntary dismissal which the trial court allowed on motion of plaintiff and over objection of the defendant, after trial had commenced. The dismissal was without prejudice, conditioned only upon the payment of costs. Defendant contends that in allowing the voluntary dismissal with leave to reinstate the trial court abused its discretion. Defendant asks that we vacate the order of dismissal without prejudice and enter a new order dismissing the cause with prejudice.

Background

Bri…