DREDGE CORPORATION v. Peccole

OPINION

Years after plaintiff-appellant’s quiet title action was dismissed “without prejudice” by one judge, another judge purported to dismiss the action “with prejudice” on respondents’ motion. The record indicates that neither the order of dismissal “with prejudice” nor notice of its entry was ever served. Subsequently, appellant sought relief under NRCP 60(b)(3), contending the later dismissal “with prejudice” was void; however, the lower court, acting through still a third judge, denied appellant’s motion. This, we think, was error.

The court’s original order, dismissing the action…