Willsey v. Hartman

On Motion to Dismiss

Sharp, J.

It is elementary that the primary function of this court is to determine cases on the merits where possible. It should not be necessary to cite extensive authority for this proposition. In this case, however, it is necessary to elaborate on this general proposition and specifically in terms of the issues presented by the Appellees’ Motion to Dismiss. It should also be elementary that any doubts should be resolved in favor of deciding cases on their merits, for, after all, that’s what we are here for.

In speaking of the proposed Federal Rules of Civil Procedure more…