Fields v. Spencer

In my opinion, the trial court’s order should be affirmed, but only with direction that it be amended to reflect that the dismissal of appellant-plaintiff’s complaint is without prejudice. Accordingly, I must respectfully dissent to the majority’s mere affirmance of the trial court’s order.

The majority concludes that the trial court ordered the dismissal “on two grounds, one of which was that [appellant’s] complaint . . . was frivolous.” However, there was no written motion to dismiss and no transcript of the hearing on the motion and, although the trial court’s order does make a reference to…