27-34-107. 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.