PEARSON, Judge.
The issue presented by this appeal is whether the trial court's action of dismissing a cause with prejudice after plaintiff's failure to elect between two counts of his complaint was an abuse of discretion. We hold that under the peculiar circumstances of this case, the dismissal with prejudice was an abuse of discretion.
It should first be made clear that a trial judge may properly dismiss a cause with prejudice for failure of a plaintiff...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
