Focus Healthcare Medical Center, Inc. v. O’neal

Eldridge, Judge.

Focus Healthcare Medical Center, Inc. appeals from the trial court’s sua sponte dismissal with prejudice of its complaint on open account brought against Phillip O’Neal as barred by the statute of limitation. O’Neal was served notoriously at what the summons and return of service alleged was his notorious place of abode and was alleged to be in default, but has never made an appearance in any court. We reverse, because the trial court had no authority to assert an affirmative defense, which could be waived, on behalf of a party in order to dismiss with prejudice; the trial…