Peterson v. Garney Construction Co.

Meyer, J.:

On October 16, 1974, Joseph A. and Loretta R. Peterson (appellants) initiated a court action against Garney Construction Company (appellee) for $100,000 actual and $100,000 punitive damages, plus fees and costs. Both parties continued the case several times; ultimately, the court said there would be no more continuances, and trial was set for April 19, 1977.

On April 13, 1977, appellants decided to request voluntary dismissal of their case; they communicated this information to the appellee on April 16,1977. On April 18,1977, counsel for the parties appeared before the court and…