Ferris v. Hill

Benham, Judge.

Appellees brought suit against appellant for his breach of a real estate purchase contract. The jury returned a verdict for appellees which included general damages and expenses of litigation.

1. At the beginning of the trial, appellees moved to dismiss appellant’s counterclaim. Appellant responded by announcing, through counsel, that he was voluntarily dismissing the counterclaim without prejudice. The trial court, upon appellees’ insistence, ruled that the counterclaim would be dismissed with prejudice. Appellant subsequently filed a written voluntary dismissal and enumerates…