D'Spain v. Price Waterhouse & Co.

WICKER, Judge.

The plaintiffs, James L. D’Spain and Kevin Lakins, sued the defendants, Price-Waterhouse and Company and Patrick Dominick, for defamation. Prior to any appearance by Price-Waterhouse and Dominick, D’Spain and Lakins moved to dismiss their suit without prejudice; and the trial judge signed the order of dismissal. Price-Waterhouse and Dominick moved to vacate and/or set aside the dismissal without prejudice; and that motion was denied. Price-Waterhouse and Dominick appeal that denial. We affirm.

D’Spain and his wife were involved in a community property partition in the 24th…