Sale v. Slitz

JAMES K. PREWITT, Judge.

Plaintiff appeals from the trial court’s judgment dismissing her “Petition for Damages.” Following argument on Defendants’ motion to dismiss, the trial court entered judgment, reciting that “the court sustains the motion and dismisses this cause for failure to state a claim.”

The judgment is inconsistent with the announcement of the court during the arguments on the motion to dismiss. During that argument, the trial judge stated that Plaintiff’s petition contained “enough allegations, even in a fact pleading state, to allege a legitimate cause of action.” Thereafter,…