Celotex Corp. v. J.B. Womack Construction Co.

ROY NOBLE LEE, Presiding Justice, for the Court:

This case is appealed by The Celotex Corporation (Celotex) and Robertson Sheet Metal Works (Robertson) from the Circuit Court of Simpson County, Honorable L.D. Pittman, presiding, wherein a judgment was entered in favor of J.B. Womack Construction Company granting a nonsuit prior to the introduction of testimony. The appellants have assigned five (5) errors in the proceedings below, but we discuss only one of the assignments which is dispositive of the appeal.

Did the lower court err in granting Wom-ack’s motion for voluntary nonsuit?

Prior to…