Lampert Lumber Co. v. Joyce

SIMONETT, Justice.

This appeal presents the question whether a trial court can dismiss a claim without prejudice after the case has been finally submitted for decision. We hold the court may not do so and reverse and remand.

This is a mechanic’s lien foreclosure action brought by plaintiff Lampert Lumber Company to recover approximately $11,000 remaining unpaid on its bill for supplies furnished for a new office building. Named as defendants were Vera K. Joyce, the building owner, and Donald F. Nolde, the general contractor who ordered the supplies. Defendant Joyce counterclaimed against…