510.130. Voluntary dismissal--new trial. - Missouri Statutes

Voluntary dismissal--new trial.

510.130. 1. A plaintiff shall be allowed to dismiss hisaction without prejudice at any time before the same is finallysubmitted to the jury, or to the court sitting as a jury, or tothe court, and not afterward. A plaintiff who has once sodismissed his action and thereafter files another action upon thesame claim shall not be allowed to dismiss the same withoutprejudice after the jury has been impaneled, or after evidencehas been introduced in a nonjury case, except

(1) Upon filing a stipulation to that effect signed by theopposite party; or

(2) On order of the court made on special motion in whichthe ground for said dismissal shall be set forth and which shallbe supported by affidavit.

2. No party, who has been granted a dismissal at his requestafter an adverse ruling of the trial court preventing a recoveryon his part, shall as a matter of right be granted more than onenew trial or more than one appeal on the ground that the adverseruling of the trial court preventing a recovery on his part waserroneous.

(L. 1943 p. 353 § 99)

(1972) Plaintiff does not have an absolute right to take a voluntary dismissal but to deny such dismissal, defendant must show some injury to himself more than the mere fact that plaintiff could bring another action. Stubblefield v. Seals (Mo.), 485 S.W.2d 126.