County of Knox v. Switzer

Plaintiff, the County of Knox (the County), filed suit to compel Leo M. Switzer, Jr., and other defendants not parties to this appeal to either demolish or repair their burned building. Switzer filed a motion for summary judgment and an alternative motion to dismiss the cause. The trial court found both motions inappropriate, but on its own motion dismissed the county’s amended petition with leave to re-plead by January 6, 1986, and indicated that an appealable judgment would be entered if the county elected to stand on its pleadings.

When the court subsequently denied the county’s motion to…