Lee v. Lee

Donnie W. Lee appeals from the circuit court's ex mero motu dismissal of his complaint. We reverse and remand.

Donnie W. Lee filed his complaint on February 23, 1988, alleging that his minor daughter by a previous marriage had been wrongfully killed by his current wife, defendant Cynthia Renee Todd Lee. On May 2, 1988, the circuit court issued the following order:

"It appearing to the court that the plaintiff is not the administrator of the estate of the decedent, the court dismissed the action on its own motion. Costs taxed to the plaintiff."

Donnie's complaint contained three counts, the first…