State Ex Rel. Fortner v. Rolf

ORIGINAL PROCEEDING IN PROHIBITION

PATRICIA BRECKENRIDGE, Judge.

Relators Nick and Faye Fortner filed a petition for a writ of prohibition in this court, seeking to prohibit Respondent, the Honorable Dennis A. Rolf, from enforcing a partial summary judgment entered against them. The Fortners claim the court lacked jurisdiction to enter the partial summary judgment because they had voluntarily dismissed their petition before the trial court entered its partial judgment. Because the trial court exceeded its jurisdiction in entering a judgment granting partial summary judgment in favor of…