BOLLS v. HARRIS

No. 57946.

528 So.2d 1128 (1988)

Mary BOLLS v. Dr. William S. HARRIS.

Supreme Court of Mississippi.

July 13, 1988.


Attorney(s) appearing for the Case

R.E. Parker, Jr., Gail S. Akin and Varner, Parker & Sessums, Vicksburg, for appellant.

Isaac K. Byrd, Jr., James W. Craig and Byrd & Associates, Jackson, for appellee.

Before ROY NOBLE LEE, C.J., and ROBERTSON and SULLIVAN, JJ.


ROBERTSON, Justice, for the Court:

This appeal presents a nice procedural question in the context of a medical malpractice action. At issue is whether the trial court may grant a plaintiff's motion for voluntary dismissal made under Rule 41(a)(2), Miss.R.Civ.P. and dismiss the complaint without prejudice, all of this without giving the defendant reasonable advance notice and an opportunity to be heard.

On January 28, 1986 Mary Bolls commenced this civil action...

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