Maxwell v. Stebbins

Plaintiff appeals a judgment dismissing his claims with prejudice and awarding defendants prevailing parties fees, contending that the judgment should have dismissed the claims without prejudice and that the court should not have awarded prevailing party fees. We conclude that the trial court erred in failing to dismiss the claims without prejudice and do not reach the other assignment of error.

The relevant facts are not in dispute. On March 15, 1999, plaintiff filed a complaint for fraud against defendants, two attorneys who represented a third party in a successful action against plaintiff…