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Appeal from the United States District Court for the Northern District of Texas

Appellants James E. Elbaor, MD PA, Individually and as Trustee for the James E. Elbaor MD PA Retirement Trust dated April 24, 1997 and Edward E. Elbaor, Individually and as Trustee and General Partner of the Elbaor Family Limited Partnership #2 dated December 21, 1988 and Elbaor Children’s Trust Partnership dated March 1, 1993 (collectively the “Elbaors”) filed a motion in the district court, seeking a voluntary dismissal, without prejudice, pursuant to Fed. R. Civ. P. 41(a)(2) (“Rule 41(a)(2)”). The district court granted the Elbaors’ motion for voluntary dismissal pursuant to Rule 41(a)(2). However, the district court dismissed with prejudice, concluding that to do otherwise would be unjust. The Elbaors appeal, contending that the district court’s order constitutes an abuse of discretion. Because the order dismissing all of the Elbaors’ claims with prejudice was overbroad, we vacate the order of the district court and remand for proceedings consistent with this opinion.

I. BACKGROUND

 
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