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SMITH v. WASHINGTON2/24/2000
benefit in having the federal action dismissed, relieving her of the necessity of defending the action and eliminating the potential of a finding of liability on her part under Section 1983. Where a defendant has acted in combination with the plaintiff in obtaining a joint dismissal by stipulation of a claim, and received benefit from that action, that defendant cannot assert that the plaintiff should be barred as a result of the stipulated dismissal from filing a later claim.
Therefore, we hold that the dismissal by stipulation entered into by the parties to conclude appellee's section 1983 action was not a dismissal by the plaintiff under Ark.R.Civ.P. 41(a)(2), and that her second filing of her state law negligence claims in the Jefferson County Circuit Court is not barred by the two-dismissal rule. Because we have determined that the dismissal by stipulation in federal court was a joint action by both parties, the two-dismissal rule is not triggered by this fact pattern, and the trial court erred in dismissing appellant's state court action on that ground. Accordingly, we reverse the grant of appellee's motion to dismiss the case and remand this cause to the trial court for further proceedings consistent with this opinion. This ruling renders unnecessary any further consideration of appellant's second point on appeal.
Reversed and remanded.
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