Caswell v. Caswell

Banke, Judge.

The appellant’s complaint was dismissed with prejudice on January 3,1980, as sanction for repeated failure to comply with court orders regarding discovery. At that time, the dismissal was not appealable as a matter of right due to the pendancy of counterclaims filed by the appellees. However, these counterclaims were voluntarily dismissed on February 25, 1980. Then, on March 19, 1980, the appellant sought to dismiss his complaint without prejudice, even though the trial court had already dismissed it with prejudice. On August 15, 1980, in response to a request by the appellees,…