Benchmark Property Remodeling v. Grandmothers, Inc.

Summary

The court held that it had appellate jurisdiction because the voluntary dismissal of Benchmark's remaining claims left nothing pending in the district court, making the earlier partial summary judgment final despite the dismissal being without prejudice. On the merits, the court held that conflicting evidence and competing inferences supported a genuine factual dispute about whether Benchmark and Grandmothers formed an oral remodeling contract and what its terms were, making summary judgment improper. The court affirmed the Court of Appeals' reversal and remanded for further proceedings; no separate opinions were filed.