On July 14, 2008, Tracy filed a notice of a voluntary nonsuit of the complaint against Williamson Medical Center and Drs.
COURT'S OPINION: The case was a case of first impression for the Supreme Court of Tennessee, which held, inter alia, that a voluntary nonsuit taken according to the Tennessee Rules of Civil Procedure is not a termination on the merits for the purposes of a malicious prosecution claim and affirmed the Court of Appeals.
THE VOLUNTARY NONSUIT
SUBMITTED TO BY A PLAINTIFF DOES NOT TOLL THE RUNNING OF A STATUTORY DEADLINE FOR FILING APPROPRIATE AFFIDAVITS AS TO EXPERT MEDICAL WITNESSES.
The court granted the plaintiffs' motion for a voluntary nonsuit
. However, the Walls construed it to be "with prejudice," and appealed.
The plaintiffs subsequently took a voluntary nonsuit
and filed an identical suit in Shelby County Circuit Court on March 17, 2005.
During the hearing on the motion for summary judgment, Lisa requested, and was granted, a voluntary nonsuit
after the case had been submitted to the circuit court for decision.
In order to avoid dismissal of her case, Janvier filed a motion for the entry of a "voluntary nonsuit
." Janvier did not provide Arminio with notice of her intent to seek the nonsuit.
The patient's attorney moved for a voluntary nonsuit
. The defendant's attorney objected.