CCP 1671     

CHAPTER 5.  DISMISSAL

Art. 1671.  Voluntary dismissal

A judgment dismissing an action without prejudice shall be rendered upon application of the plaintiff and upon his payment of all costs, if the application is made prior to any appearance of record by the defendant.  If the application is made after such appearance, the court may refuse to grant the judgment of dismissal except with prejudice.

Acts 1997, No. 578, §1.