Patterson v. Getz

This is an appeal by the plaintiff from a decree of the circuit court which dismissed her complaint. One of the provisions of the decree follows:

“Inasmuch as this dismissal is without determination by the Court of the merits of the controversy between the parties hereto, this dismissal be without prejudice to the right of the plaintiff to bring action at law against the defendant for recovery of any sum or sums mentioned * *

The reason for that disposition of the cause was a finding that no fiduciary relationship existed between the parties. "Whether that finding was justified is the issue…