David L. Richman v. Joshua Debity

Syllabus

This is the parties' second appeal before this Court in the above-styled case. In the first appeal, we remanded the case back to the trial court for entry of an order containing sufficient findings of fact and conclusions of law. After this Court's mandate issued, however, the plaintiffs filed a notice of voluntary nonsuit. The defendants opposed the notice, but the trial court entered an order dismissing the plaintiffs' action without prejudice. The defendants again appealed to this Court. Because the plaintiffs' notice of voluntary nonsuit was untimely, and because the trial court's action exceeds the scope of our instructions on remand, we vacate the trial court's order and again remand this case to the trial court for entry of a sufficient order.