Coombs v. Hot Springs Village Property Owners Ass'n

Andree LAYTON Roaf, Judge.

Kyle Coombs appeals from the circuit court’s order that denied his motion to nonsuit his tort action against the appellees, granted the appellees’ motion for summary judgment, and dismissed Coombs’ complaint with prejudice. On appeal, Coombs argues that the trial court erred in denying his motion for a voluntary nonsuit pursuant to Ark. R. Civ. P. 41 (a) because the motion was filed before the case was finally submitted. We agree that the trial court erred, and reverse and remand.

Coombs brought a toft action against appellees, in which he alleged claims of false…