James G. Akers v. Gregory Funding, LLC et al.

Case Number
M2020-01351-COA-R3-CV

A homeowner sued to stop a foreclosure on his home.  Most of the defendants filed motions to dismiss, which the trial court orally granted.  But before written orders of dismissal could be entered, the homeowner filed a notice of voluntary dismissal.  The court then entered an order of voluntary dismissal without prejudice, as well as the orders of dismissal with prejudice.  Claiming that the orders were inconsistent, the homeowner filed a post-judgment motion for reconciliation of conflicting orders.  The court clarified that the order granting the voluntary dismissal without prejudice only applied to claims against defendants that did not file motions to dismiss.  But the dismissals with prejudice applied to claims against defendants that did file such motions.  Finding no error, we affirm.    

Authoring Judge
Judge W. Neal McBrayer
Originating Judge
Judge Amanda Jane McClendon
Case Name
James G. Akers v. Gregory Funding, LLC et al.
Date Filed
Dissent or Concur
No
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