Saint James Apt. Partners v. Univeral Surety Co.

Summary

The court held that it had appellate jurisdiction over an involuntary dismissal without prejudice for failure to join a necessary party because the dismissal ended the action as brought, left nothing for the district court to do, and affected a substantial right. On the merits, it held that the governing notary-bond statute does not require an injured person to join the notary and the surety in the same action. The court reversed the dismissal and remanded, declining to decide an alternative argument that the complaint failed to state a claim.