Counsel for both sides acknowledge that there was telephonic communication regarding Jennifer's intent to voluntarily dismiss her case. Jennifer and her attorney did not appear. Instead, counsel sought a dismissal of Jennifer's case with prejudice. The arbitration panel made no findings and entered no award. The order makes no mention of costs.
Case is dismissed without prejudice.
Issue of costs is reserved. This motion was amended on August 14, 1998. We first address the manner in which this case arrives in this court. The Supreme Court explains that orders of voluntary dismissal may only be appealed by the defendant as the defendant's rights may have been prejudiced by the plaintiff's voluntary dismissal. The plaintiff is protected from prejudice because the plaintiff has the luxury of an absolute right to refile his or her case within one year of the dismissal without prejudice.