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Vodicka v. Lahr

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ORDER

Appellees Mitchell Savrick and Savrick Schumann Johnson McGarr Kaminski & Shirley, LLP, (collectively “Savrick”) moved to dismiss this appeal, contending that appellants voluntarily nonsuited their “entire case” in the trial court, leaving nothing for appeal and no jurisdiction in this Court. We overrule the motion to dismiss.

Appellants Brian Edward Vodicka and Steven Benton Aubrey sued Savrick and others for various causes of action. The trial court entered various orders in Savrick’s favor, including a summary judgment on appellants’ non-negligence claims and a dismissal of Aubrey’s malpractice claim for lack of standing. On the eve of trial, appellants filed a notice of non-suit that provided as follows:

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