78B-25-107. Dismissal of cause of action in whole or part.
(1) In ruling on a motion under Section, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if: 78B-25-103 the moving party establishes under Subsectionthat this chapter applies; 78B-25-102(2) the responding party fails to establish under Subsectionthat this chapter does not apply; and 78B-25-102(3) either: the responding party fails to establish a prima facie case as to each essential element of the cause of action; or the moving party establishes that: the responding party failed to state a cause of action upon which relief can be granted; or 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 Sectiondoes not affect a moving party's right to obtain a ruling on the motion and seek costs, attorney fees, and expenses under Section. 78B-25-103 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 Sectionestablishes for the purpose of Sectionthat the moving party prevailed on the motion. 78B-25-103 78B-25-110