FRANKLIN CAPITAL CORPORATION v. WILSON PART I
Where attorney for plaintiff failed to appear for mandatory settlement conference, then plaintiff voluntarily dismissed action without prejudice prior to scheduled hearing on order to show cause re "Dismissal and/or sanctions," order vacating the voluntary dismissal and dismissing with prejudice was in excess of court's authority as it violated plaintiff's absolute right to dismiss the action without prejudice at any time prior to the commencement of trial. Discretionary dismissals for lack of prosecution under two year statute are without prejudice.
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