United States Sixth Circuit

In a dispute between doctors and investors for control of an outpatient surgery center, district court's dismissal of the suit with prejudice after the plaintiffs had moved for voluntary dismissal without prejudice under Rule 41(a)(2) of the Federal Rules of Civil Procedure, is reversed and remanded as the district court did not give the plaintiffs notice of its intention to dismiss with prejudice, along with an opportunity to withdraw the request for voluntary dismissal.

Appellate Information

• Argued 10/12/2010
• Decided 12/14/2010
• Published 12/14/2010

Judges

• ROGERS

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Wayne C. Turner, Paul P. Asker