This was an interesting case. Firm shareholder Andrew Labbe became involved after Plaintiffs incorrectly moved for trial de novo, and HCI’s prior counsel moved for entry of judgment based on the arbitration award, which found no breach.
Just before the hearing, Plaintiffs voluntarily dismissed the case without prejudice, which would have allowed them to simply refile the lawsuit. This complicated what should have been a simple process, because generally plaintiffs can dismiss regardless of the reason.
Luckily the judge agreed that the dismissal was void based on the stage of litigation, which is one of the few restrictions on the right to voluntarily dismiss. Plaintiffs’ then moved to vacate, which the court denied yesterday.
Over a year later the court can finally carry out the “ministerial act” of entering judgment in favor of Homeowners Choice!