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Home / Opinion Digests / Plaintiff could nonsuit after defendant’s motion to dismiss (access required)

Plaintiff could nonsuit after defendant’s motion to dismiss (access required)

Defendant objected to plaintiff’s notice of voluntarily dismissal without prejudice, which plaintiff filed after defendant moved to dismiss the suit. Defendant argued its motion to dismiss was actually a motion for summary judgment because it relied upon additional documents. The court held that, until it converted the motion to a motion for summary judgment, it ...