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Richard (Alabama) sues Catherine (Tennessee) after Catherine totaled his car in an accident and seeks $80,000 in damages. Catherine files a 12(b)(6) motion to dismiss for failure to state a claim and nothing else. Richard sees that he has not pled every element of destruction of property and that the complaint will likely be dismissed under Iqbal. True or false, he can voluntarily dismiss under 41(a) without prejudice?
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