Stoecklin v. River Metal Recycling, LLC

OPINION AND ORDER

THOMPSON, Judge:

Jack Stoecklin filed this nuisance action against River Metals Recycling, LLC (RMR). Because Stoecklin filed a motion to voluntarily dismiss his claim with prejudice, we hold that his appeal from the Campbell Circuit Court’s order granting his motion must be dismissed.

The substantive facts underlying Stoeck-lin’s nuisance claim are not pertinent to our decision. Our decision turns on the procedural facts.

On May 12, 2010, the circuit court ordered that Stoecklin identify his expert witnesses and submit their reports on or before July 23, 2010. On July 2, 2010,…