Meyer v. Solomon

BARNS, PAUL D., Associate Judge

(concurring specially).

Appellee-plaintiff Solomon filed a complaint against the appellants-defendants to enforce a mechanic’s lien against property owned by the appellants relating to the construction of a residence. The defendants answered and after the time for taking testimony had expired the lower court upon motion of the plaintiff dismissed the suit “without prejudice” on the ex parte motion therefor made by plaintiff. Whereupon defendants appeal and contend that the dismissal should have been “with prejudice.” We fail to find prejudicial error and I concur…