Westport Sand & Gravel Co. v. Holdmann

At the request of the respondents, Robert and E. Erica Holdmann, we have reconsidered our order denying their motion to partially dismiss the appeal of Westport Sand and Gravel Co., Inc. We confirm our order, but because of the frequency with which this issue arises, we recommend that our opinion be published to provide guidance to the bar.

Westport brought an action against the Holdmanns and Great Midwest Savings and Loan Association. The Holdmanns counterclaimed against Westport. In 1986, judgment was entered dismissing Westport's complaint against the Holdmanns and Great Midwest Savings and…