Brandt v. Joseph F. Gordon Architect, Inc.

SIMMS, J.:

¶ 1 Plaintiff in a multi-party, multi claim, tort action dismissed without prejudice after the trial court granted summary judgment from the bench in favor of one of the defendants, Joseph F. Gordon Architect, Inc. We grant certiorari to determine if Plaintiffs’ dismissal was permissible and effective.

¶2 The Court of Civil Appeals held the trial court lacked jurisdiction of the matter after Plaintiffs dismissed their cause without prejudice. As a result, the Court of Civil Appeals found invalid the trial court’s formal summary judgment order, which was filed of record after…