Samland v. J. White Transportation Co.

NUGENT, Judge.

Defendant J. White Transportation, Inc., appeals from order sustaining plaintiff J.S. Samland’s challenge to the jurisdiction of the court to proceed further in the case. The plaintiffs challenge was based upon the earlier joint, voluntary dismissals without prejudice by plaintiff of his petition, by defendant of its counterclaim and by an additional party plaintiffs dismissal of its counterclaim and cross-claims. Rules 67.01 and 67.04. 1 We affirm the judgment of the trial court.

In December of 1979, attorney Nangle, on behalf of plaintiff seller, J.S. Samland, filed a petition…