By Martin Couch
After sitting through Wednesday evening’s Finance and Personnel meeting at City Hall, Bryant Mayor-elect Jill Dabbs decided to change the status of her lawsuit against the city[more] for neglecting to do a water rate review.
"I non suited the case, I did not drop it," Dabbs said in a message to Bryantdaily.com on Thursday. "It's in the judge’s office waiting on his signature."
The definition of a non suit is the name of a judgement given against a plantiff when he or she is unable to prove his or her case, or when he or she refuses or neglects to proceed to the trial of a cause after it has been put at issue, without determining such issue.
On Wednesday, Dabbs heard the Finance and Personnel committee, with seven of eight aldermen present, pass a motion to move the issue on to the City Council meeting next week.
Her complaint was based on the city not following city ordinances to do outside reviews to regulate water and sewer rate increases. The councilmen decided to hire CRIST firm, which has done a review, at the next city council meeting.
However, a non suit is either voluntary or involuntary. A voluntary non suit is an abandonment of cause by a plantiff and an agreement that a judgment for costs be entered. An involuntary non suit takes place when the plaintiff, upon being called when his or her case is before the court trial, neglects to appear or when he has given no evidence upon which a jury could find a verdict.
Dabbs' non suit was voluntary.