Peet v. Randolph

LAWRENCE E. MOONEY, Chief Judge.

Frederick Peet, the plaintiff, appeals from the trial court’s judgment amending the court’s previous dismissal without prejudice to one with prejudice. The plaintiff argues (1) the trial court lacked jurisdiction to amend the dismissal to one "with prejudice; and (2) even if the court had jurisdiction, the court abused its discretion in amending the dismissal without prejudice to a dismissal with prejudice. Although we hold the trial court retained jurisdiction to amend the dismissal, we also hold the trial court abused its discretion in dismissing the case.…