Allen v. Frazier

This appeal is from the trial court’s “Order of Dismissal,” dismissing with prejudice appellant’s complaint on the basis that his claim is moot or, alternatively, on the basis that appellees are immune from suit and because appellant’s additional claim for contribution “is not a cognizable cause of action” under the present circumstances. We affirm without further comment the latter ruling, but that decision is not dispositive. On the remaining points, for the reasons that follow, we hold the trial court erred in dismissing the complaint. Consequently, we reverse.

After exhausting his…