Ramirez v. Northwest Renal Clinic

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Procedure
  • Date Filed: 04-16-2014
  • Case #: A154311
  • Judge(s)/Court Below: DeVore, J. for the Court; Ortega, J. & Duncan, J.
  • Full Text Opinion

Notice of voluntary dismissal does not require a court ruling to be effective, and is thus sufficient to dismiss an action without prejudice despite pendency of the grant of a motion for summary judgment.

Ramirez appealed order of summary judgment, claiming that it was error for the trial court to enter summary judgment after her notice of voluntary dismissal. Ramirez filed suit against her physician, Petrillo, and Northwest Renal Clinic (Clinic). Clinic moved for summary judgment, and the trial judge indicated that she would grant it, but before the order was filed Ramirez filed a notice of voluntary dismissal without prejudice. The trial judge stated that she would not sign a notice of voluntary while there is a pending order, ignored Ramirez’s notice and entered the order of summary judgment. On review, the Court found that a voluntary dismissal, as a notice, is not a request or a motion, and thus a judge does not have the power to deny it. Because Ramirez complied with the conditions necessary to file a notice of voluntary dismissal, her notice was effective when filed, dismissing the case without prejudice despite the pendency of the motion for summary judgment. Reversed and remanded.

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