WM Specialty Mortgage, LLC v. Salomon

By its petition for writ of certiorari, WM Specialty Mortgage, LLC seeks review of a non-final order compelling discovery and imposing sanctions. We grant the petition.

Originally, WM filed a complaint to foreclose a mortgage. The trial court dismissed the complaint on July 23, 2003. On August 1, 2003, the defendant filed counterclaims. It is for these counterclaims that the defendant has sought discovery.

Subject to limited exceptions which do not apply here, “ ‘an order dismissing an action with prejudice divests the trial court of jurisdiction to preside over the parties and their dispute.’…