Burt v. Richards

GARRETT, Judge.

A fifteen-foot paved road separates the appellees’ properties from the appellants’ property.

After a dispute arose, the appellants sued claiming title to the entire fifteen feet. A series of pretrial rulings led to the filing of a Fourth Amended Complaint. Along the way, a trespass count was allowed to be amended and then dismissed' with prejudice. A count to quiet title was permitted to stand, then dismissed without prejudice, amended, and then dismissed with prejudice. A count for declaratory relief dismissed with prejudice.

We find such dismissals with prejudice were error.

Appe…