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PRIME MED. CORP. v. FIRST MED. CORP.

0868

291 S.C. 296 (1987)

353 S.E.2d 294

PRIME MEDICAL CORPORATION, Appellant v. FIRST MEDICAL CORPORATION, Thomas J. DeCaro and Robert P. Schofield, Jr., Respondents.

Court of Appeals of South Carolina.

Decided February 2, 1987.

Attorney(s) appearing for the Case

Jay Bender of Belser, Baker, Barwick, Ravenel, Toal & Bender, Columbia, for appellant.

William L. Pope of Robinson, McFadden, Moore, Pope, Williams, Taylor & Brailsford, Columbia, for respondents.

Heard Dec. 9, 1986.

Decided Feb. 2, 1987.

GOOLSBY, Judge:

The dispositive issue in this action for breach of contract against the respondents First Medical Corporation, Robert P. Schofield, Jr., and Thomas J. DeCaro ("First Medical"), is whether the administrative judge abused his discretion in denying the appellant Prime Medical Corporation's motion for a voluntary dismissal without prejudice. We hold that he did so and reverse and remand for entry...

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