Dismissal Of Cause Of Action In Whole Or In Part

(1) In ruling on a motion under 27-34-103, the court shall dismiss with prejudice a civil action, or part of a civil action, if: (a) the moving party establishes under 27-34-102(1) that the act applies; (b) the responding party fails to establish under 27-34-102(2) that this chapter does not apply; and (c) either: (i) the responding party fails to establish a prima facie case as to each essential element of the civil action; or (ii) the moving party establishes that: (A) the responding party failed to state a claim upon which relief can be granted; or (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 civil action or part of the civil action. (2) A voluntary dismissal without prejudice of a responding party's civil action, or part of a civil action, that is the subject of a motion under 27-34-103 does not affect a moving party's right to obtain a ruling on the motion and seek costs, attorney fees, and expenses under 27-34-110. (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 27-34-103 establishes for the purpose of 27-34-110 that the moving party prevailed on the motion.