Town of Winstonville v. Demco Distributing Co.

I remonstrate the majority’s finding that on September 4,1986, the chancellor entered an order of dismissal pursuant to M.R.C.P. 41(d). Instead, the chancellor actually entered an order passing the case to the inactive file and did not dismiss it. Accordingly, I dissent.

In disposing of this case the majority leaps to the determination that “the chancellor’s authority to hear this ease after having entered an order of dismissal on September 4, 1986, is dispositive.” The majority relies on our well-settled law that a judgment dismissing a stale case can only be set aside during the same term.…