BERNAY v. SALES

No. 79-628.

435 A.2d 398 (1981)

Beryl BERNAY, Appellant, v. Jeanne M. SALES, Appellee.

District of Columbia Court of Appeals.

Decided September 4, 1981.


Attorney(s) appearing for the Case

William L. Fallon, Washington, D. C., was on brief for appellant.

A. Slater Clarke and Robert W. Rifkin, Bethesda, Md., were on brief for appellee.

Before KELLY, NEBEKER and FERREN, Associate Judges.


PER CURIAM:

This case presents a single question: whether the trial court erred in allowing the plaintiff, appellee Jeanne M. Sales, to enter a voluntary dismissal without prejudice of her suit against the defendant, appellant Beryl Bernay, after appellant had filed a motion to dismiss for failure to state a claim for which relief can be granted. We hold that appellant's bare motion to dismiss for failure to state a claim did not deprive appellee of her right to voluntary...

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