Walker Brothers Investment, Inc., and James Walker v. City of Mobile, Mobile Historic Development Commission, And…

Summary

The court held that the City's filing, although styled as a motion to dismiss, functioned as a notice of voluntary dismissal under Rule 41(a)(1)(i) because Walker Brothers had not yet served an answer or summary-judgment motion. The dismissal automatically terminated the City's action, deprived the circuit court of power to act further, and rendered subsequent orders, including the summary judgment, void; the appeal was therefore dismissed. Justice Main, dissenting and joined by Justice Murdock, would have treated the filing as a Rule 41(a)(2) motion and reached the merits.