HAMMOND v. BROOKS

86-542.

516 So.2d 614 (1987)

Donald H. HAMMOND and Elizabeth Hammond v. Eulalia T. BROOKS.

Supreme Court of Alabama.

October 16, 1987.


Attorney(s) appearing for the Case

Roscoe Roberts, Jr., of Watts, Salmon, Roberts, Manning & Noojin, Huntsville, for appellants.

David Craddock, Huntsville, for appellee.


MADDOX, Justice.

The issue presented on appeal is whether a trial court can disregard a stipulation signed by all parties and filed with the clerk to dismiss the case without prejudice, and enter an order dismissing the case with prejudice.

This appeal is from a voluntary dismissal made pursuant to Rule 41(a), Ala.R.Civ.P. Donald M. Hammond and Elizabeth Hammond filed suit in the Circuit Court of Madison...

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