The Oscar-winning actor, who recently finished treatment for throat cancer, was "very excited" when he learned of the judge's decision, his lawyer Marilyn Chinitz said, adding, "This case should never have been brought in the first instance and certainly not in New York."
In the suit, Diandra argues she is entitled to half of the profits from the Wall Street sequel since Douglas made the first film when they were married. But Manhattan Supreme Court Judge Matthew Cooper ruled New York was the wrong place for the case to be heard since the couple's divorce was finalized in California. The judge dismissed the suit without ruling on the merits.
Nancy Chemtob, Diandra's lawyer, said she plans to appeal. "We respectfully disagree with the decision, and intend to appeal. Both parties are residents of New York, and the case should be decided here."
But Chinitz says she hopes the case will ultimately be dropped: "I hope she realizes she wasted a lot of time and money. Hopefully she will move on and leave Michael alone finally."