Silverstein ex rel. Estate of Silverstein v. Chase

PARKER, Circuit Judge:

On this appeal we must determine if the district court abused its discretion when it dismissed appellant’s complaint with prejudice and, therefore, rendered appellees’ counterclaims moot. Appellant Jeffrey Silverstein, the executor of his father Marvin Silverstein’s estate, brought this action seeking partition of a brokerage account held in the name of Marvin Silverstein and Marvin’s brother and sister, Edward Sil-verstein and Rita Chase, as tenants in common. Appellees, Rita Chase and her husband Jack Chase, counterclaimed alleging that, prior to his death, Marvin…