Weedman v. Searcy

OPINION

HARBISON, Justice.

In this workers’ compensation case the plaintiff-employee was granted a voluntary dismissal by the trial judge after the conclusion of an evidentiary hearing but while the matter was under advisement and during the time allowed for filing post-trial briefs.

The defendants, appellants here, objected to the granting of the voluntary dismissal. They contended that the motion for voluntary dismissal came too late. It is their insistence that they had a vested right to preserve the record of the evidentiary hearing for appellate review and that this right outweighed the…