Earl Ross v. Shellie R. Stewart

¶23. I respectfully disagree with the majority and dissent.

¶24. On October 26, 2015, as the trial began, the circuit court dismissed the Rosses’ counterclaims without prejudice. The trial judge ruled:

*413All right, well, I have a ruling on the counterclaims and they are hereby dismissed without prejudice.

Clearly, the case law states as in Finance America v. Durbin at 370, 1356, [sic], damages must be sought after judgment on the issue of possession and not by way of counterclaim. Clearly, the law of replevin simply does not allow— now, the counterclaims are dismissed, except as to the extent that…