Fason v. Empac International Corp.

The final judgment appealed followed the trial court’s granting of a motion for involuntary dismissal as to the sole remaining count in what was originally a three-count complaint. The underlying issue was whether appellant, plaintiff below, failed to prove a default by appellee, from which certain consequences would have flowed. We hold that the issue and its consequences were defensive matters which were not properly considered by the trial court when deciding whether an involuntary dismissal was appropriate. Defenses are not to be considered by the trial court in ruling on a motion for…