§ 78B-25-107 — Dismissal of cause of action in whole or part.

(1) In ruling on a motion under Section 78B-25-103, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if:

(1)(a) the moving party establishes under Subsection 78B-25-102(2) that this chapter applies;
(1)(b) the responding party fails to establish under Subsection 78B-25-102(3) that this chapter does not apply; and
(1)(c) either:
(1)(c)(i) the responding party fails to establish a prima facie case as to each essential element of the cause of action; or
(1)(c)(ii) the moving party establishes that:

(1)(c)(ii)(A) the responding party failed to state a cause of action upon which relief can be granted; or
(1)(c)(ii)(B) there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the cause of action or part of the cause of action.
(2) A voluntary dismissal without prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under Section 78B-25-103 does not affect a moving party's right to obtain a ruling on the motion and seek costs, attorney fees, and expenses under Section 78B-25-110.
(3) A voluntary dismissal with prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under Section 78B-25-103 establishes for the purpose of Section 78B-25-110 that the moving party prevailed on the motion.

Legislative History

Enacted by Chapter 488, 2023 General Session