Riverbend Investors v. Progressive Surface Preparation, LLC

Defendant, Progressive Surface Preparation, LLC, appeals from a judgment entered for plaintiff, Riverbend Investors. The case was submitted to the trial court for decision on stipulated facts, briefs of law, and oral argument. Before submission to the trial court, plaintiff voluntarily dismissed with prejudice its claim against Sandra J. Smith. The trial court by written opinion found for plaintiff against defendant and dismissed the plaintiff’s claim with respect to Greg Smith. No further appeal has been taken.

Inasmuch as the matter was submitted for decision on stipulated facts, the circuit…