Lampert Lumber Co. v. Joyce

OPINION

POPOVICH, Chief Judge.

This appeal is from a judgment foreclosing a mechanic’s lien and dismissing a cross-claim against appellant without prejudice. Appellant claims the trial court (1) erred as a matter of law in dismissing the cross-claim without prejudice following submission of the evidence by all parties, or alternatively, (2) abused its discretion in dismissing the cross-claim without prejudice instead of with prejudice. We affirm.

FACTS

Lampert Lumber Company, respondent and plaintiff below, commenced an action against Vera K. Joyce, respondent and defendant below, to foreclose a…