Department of Human Services v. Vining

CLIFFORD, Justice.

The Department of Human Services appeals from a judgment of the Superior Court (Androscoggin County, Alexander, J.) affirming a judgment of dismissal entered by the District Court (Lewiston, Beli-veau, J.) pursuant to M.R.Civ.P. 41(b)(2). Although the dismissal of the complaint pursuant to Rule 41(b)(2) did not constitute an abuse of discretion or error, we vacate and remand to allow the District Court to exercise the discretion it possesses under Rule 41(b)(3) to determine whether the dismissal should be with prejudice as to all parties.

In June 1988, pursuant to 19 M.R.S.A.…