United States Seventh Circuit

Grant of motion for reconsideration of a previous ruling dismissing an action without prejudice, and subsequent dismissal of the action with prejudice, is vacated and remanded where there was no voluntary dismissal in the case and the two-dismissal rule was not implicated. Further, a court that lacks subject matter jurisdiction cannot dismiss a case with prejudice.

Appellate Information

• Decided 10/25/2006
• Published 10/25/2006

Judges

• BAUER, Circuit Judge., Before BAUER, WOOD, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Ronald J. Waicukauski (argued), Price, Potter, Jackson, Waicukauski & Mellowitz, Indianapolis, IN, for Plaintiffs-Appellants.


• For Appellees:
  
• Stephen C. Hackney (argued), Kirkland & Ellis, Washington, DC, for Defendants-Appellees.