Ritchey v. Vasquez

Respondent sued petitioners, the district court granted summary judgment for petitioners, the court of appeals reversed and remanded, 973 S.W.2d 406, and petitioner appealed to this Court. Respondent has moved to grant the petition for review and dismiss the cause as moot because she no longer wishes to prosecute this litigation. Petitioners agree that the case is now moot but argue that it should be dismissed with prejudice and the court of appeals’ opinion vacated. “[I]t is well established that a dismissal with prejudice functions as a final determination on the merits.” Mossier v.…