Paulson v. Wahl

Should a plaintiff be entitled as a matter of right to a voluntary nonsuit after the defendants file motions for summary judgment supported by affidavits? The trial court answered this query in the affirmative, and without ruling on the merits of defendants motions, granted plaintiff Johnnie D. Paulsons motion for a voluntary dismissal without prejudice. Only the defendants, Dr. Anderson and Dr. Wahl, appeal from the judgment of dismissal.