State ex rel. Phillips v. Polcar

The judgment of the Court of Appeals allowing the writ is affirmed.

The respondents-appellants present two issues for resolution.

The respondents’ motion to dismiss was filed on April 7, 1976, and was treated by the Court of Appeals as an admission of facts contained in the complaint. On Juné 29, 1976, the court overruled the motion. Under Civ. E. 12(A) (2), the respondents then had 14 days to file an answer. However, on July 1, 1976, three days after the motion had been overruled, the court granted judgment for the relators. The respondents claim that in granting the judgment' the appellate…