In re Foreclosure of Beasley

Whether Civil Procedure Rule 41(a)(1) applies to non-judicial foreclosure actions under power of sale; whether a lender who files two voluntary dismissals of foreclosure actions based on the same promissory note and deed of trust is barred from filing a third power-of-sale foreclosure action.

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Summary

Whether Civil Procedure Rule 41(a)(1) applies to non-judicial foreclosure actions under power of sale; whether a lender who files two voluntary dismissals of foreclosure actions based on the same promissory note and deed of trust is barred from filing a third power-of-sale foreclosure action.