Western Section Affirms That Notice of Nonsuit Precludes Subsequently Filed Summary Judgment Even Without Entry of Order of Dismissal

DESHON EWAN, ET AL. V. THE HARDISON LAW FIRM, ET AL.
Court: TN Court of Criminal Appeals

Attorneys:

Richard Glassman, Edwin E. Wallis, III, and William Terrell, Memphis, Tennessee, for the appellant, Jonathan T. Martin.

Robert M. Fargarson, Daniel F.B. Peel, Ted S. Angelakis, and Daniel A. Seward, Memphis, Tennessee, for the appellees, DeShon Ewan and Patrick Ewan.

Judge: STAFFORD

Defendant appeals the trial court’s order of voluntary dismissal of Plaintiffs’ complaint. Defendant argues that Plaintiffs were not entitled to a voluntary dismissal because a motion for summary judgment was filed prior to the entry of the order on the nonsuit. We hold that a motion for summary judgment filed after a written notice of nonsuit has been filed does not preclude the plaintiff’s right to take a voluntary dismissal pursuant to Rule 41 of the Tennessee Rules of Civil Procedure. We also conclude that the Defendant is not entitled to sanctions pursuant to Rule 11 of the Tennessee Rules of Civil Procedure. Affirmed and Remanded.

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