Stites v. DUIT Const. Co., Inc.

OPALA, Justice.

Three issues are dispositive of appellant’s certiorari quest for corrective relief: (1) Did the trial court’s jurisdiction end at either the satisfaction-of-judgment stage or at the point plaintiff dismissed the action? (2) Did the trial court in the exercise of its vacation power have ancillary cognizance to entertain defendant’s restitutionary counterclaim? and (3) Should this appeal be dismissed as untimely?

We answer the first question in the negative and the second and third in the affirmative.

I

THE ANATOMY OF LITIGATION

Edmond Stites [Stites] brought an action to recover…