Abstract
In First Equity Federal, Inc. v. Phillips Development, L.C.,' the Utah Supreme Court limited the two-dismissal provision of rule 41(a)(1) of the Utah Rules of Civil Procedure. The First Equity court overruled the prior precedent of Thomas v. Heirs of Braffet, which expanded the meaning of a notice of dismissal to include a perfunctory, or ex parte, motion to dismiss. The court subsequently held that the plain language of rule 41(a)(1)5 does not apply to all types of dismissals, but refers exclusively to notices of dismissal and does not apply to motions to dismiss. Thus, after First Equity, a motion to dismiss does not qualify as a notice of dismissal under the two-dismissal provision of rule 41(a)(1) of the Utah Rules of Civil Procedure.
Recommended Citation
Conde, Timothy K. and Seaman, Christine M.
(2003)
"Recent Developments in Utah Law,"
Utah Law Review: Vol. 2003:
No.
2, Article 4.
Available at:
https://dc.law.utah.edu/ulr/vol2003/iss2/4