Riverstone Development Co., Inc. v. Nelson
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Riverstone Development Co., Inc. and Southern Heritage, LLC appealed a judgment dismissing an action in which they had intervened as defendants. The dispute involved a number of individuals and entities who claimed some right or title in one or more parcels of land in Jackson County. Roy Nelson filed a "complaint for specific performance" against Fieldstone Land Company, LLC, averring that Nelson had been the high bidder for "Tract 10" at a public auction and sought a judgment to order Fieldstone to "execute a deed to [Nelson] conveying the real propert[y]." Riverstone and Heritage moved to intervene in the action "to join [Fieldstone] in their defense against [Nelson's] claim." Riverstone and Heritage alleged that they were the current and former owner of the subdivision in which Tract 10 was located. The trial court granted that motion, and Riverstone and Heritage filed an answer to the complaint. Ultimately the trial court entered its judgment denying Riverstone and Heritage's further participation in the case by dismissing it entirely. Upon review, the Supreme Court concluded that because the trial court erred in treating the motion to dismiss as a nondiscretionary dismissal, the Court reversed that judgment and remanded the case for the trial court to "exercise the discretion as is proper for consideration of a motion to dismiss under Rule 41(a)(2)."
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