Missouri Court Allows Voluntary Dismissal Despite Adverse Partial Summary Judgment

KANSAS CITY, Mo. -- Missouri Supreme Court rules allow a plaintiff to voluntarily dismiss a case without prejudice even though the trial court has already awarded defendants partial summary judgment on some claims, Missouri's Court of Appeals held Sept. 30. State of Missouri, ex rel., Fortner v. Honorable Dennis A. Rolf, No. WD64974 (Mo. Ct. App., Western Dist.).

Nick and Faye Fortner sued Fleetwood Enterprises Inc. and other parties, alleging that defendants' failure to repair defects in a manufactured home led to mold contamination and their son's mold-related illness.

The Fortners filed a fifth amended complaint in February 2003. In …