Best Practices for Notices of Dismissal Amid the “Two-Dismissal Rule” in Kansas

In Wilmington Sav. Fund Soc'y v. Campbell, 2021 Kan. App. Unpub. LEXIS 330, the Kansas Court of Appeals issued a ruling that provides a bright line rule under K.S.A. §60-241.

60-241. Dismissal of actions. (a) Voluntary dismissal.

(1) By the plaintiff.

(A) Without a court order. Subject to subsection (e) of K.S.A. §60-223, K.S.A. §60-223a and K.S.A. §60-223b, the plaintiff may dismiss an action without a court order by filing:

(i) A notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or

(ii) a stipulation of dismissal signed by all parties who have appeared. When the dismissal is by stipulation, the clerk of the court must enter an order of dismissal as a matter of course.

(B) Effect. Unless the notice or stipulation states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits.

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