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BLAYLOCK v. SHEARSON LEHMAN BROS., INC.

No. 96-1176.

954 S.W.2d 939 (1997)

330 Ark. 620

Robert BLAYLOCK, Michael Ibsen, and Steve Perry, Appellants, v. SHEARSON LEHMAN BROTHERS, INC., Appellee.

Supreme Court of Arkansas.

November 20, 1997.

Attorney(s) appearing for the Case

Robert R. Cloar, Fort Smith, for Appellants.

David G. Russell, Nancy H. Baughan, Atlanta, GA, Rex M. Terry. Fort Smith, for Appellee.

THORNTON, Justice.

This case presents the question whether a voluntary dismissal, or nonsuit, by a plaintiff is automatically effective as soon as it is filed, or whether a court order or docket entry is required to dismiss the action without prejudice and start the clock ticking on the statutory savings period. The trial court found that a nonsuit becomes effective upon filing, without any action by the trial court; the

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