WHITE v. PERRY

No. 01-861.

74 S.W.3d 628 (2002)

348 Ark. 675

Robert WHITE, v. Jim PERRY, David Hudson, Frank Atkinson, and Marcy Porter, In Their Official Capacities as Assessor, County Judge, Collector, and Treasurer for Sebastian County, Arkansas; Charlie Daniels, In His Official Capacity as Arkansas Land Commissioner; and Jimmie Lou Fisher, Arkansas State Treasurer; Greenwood School District; Hackett School District; Hartford School District; Lavaca School District; Charleston School District; Mansfield School District; Booneville School District; Westark Community College; City of Barling, Arkansas; City of Greenwood, Arkansas.

Supreme Court of Arkansas.

May 16, 2002.


Attorney(s) appearing for the Case

Oscar Stilley, Fort Smith, for appellant.

Thompson & Llewellyn, P.A., by: James M. Llewellyn, Jr., Fort Smith, for appellees Greenwood School District; Hackett School District; Hartford School District; Lavaca School District; Charleston School District; Mansfield School District; and Booneville School District.

Smith, Maurras, Cohen & Redd & Horan, PLC, by: S. Walton Maurras, for appellee Westark Community College.


ROBERT L. BROWN, Justice.

Appellant Robert White raises one issue in his appeal: whether the trial court had authority to deny his motion for a nonsuit in favor of deciding the appellees' motions to dismiss with prejudice. We agree with White that a plaintiff's right to a nonsuit before submission of the case for decision is an absolute right and that the trial court erred in refusing to enter an order granting it. We reverse the order of dismissal and remand this...

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