Gary Dye and Linda Dye v. Diamante, a Private…

Summary

The court recalled and amended its prior mandate to require each party to bear its own appellate costs because the interlocutory appeal produced no clear prevailing party after reversal and remand for a threshold arbitration finding. It also reversed and dismissed the circuit court's order awarding costs, holding that the circuit court lacked jurisdiction under Rule 60 because it acted more than ninety days after its original order and no clerical error or other permissible basis for relief was alleged. Justice Goodson concurred in reversing and dismissing the circuit court's order but dissented from recalling the mandate, concluding that extraordinary circumstances did not justify doing so.