Lillard v. Meyerson

ALTENBERND, Acting Chief Judge.

W. Parlin Lillard, Jr., appeals a judgment on the pleadings entered on his claims *1329against Robert F. Meyerson. The trial court granted this judgment on the theory that the claims were improper as cross-claims. Although we are inclined to believe that one or more of the causes of action would have been proper as a cross-claim, we reverse because Mr. Lillard’s claims were not subject to dismissal as improper cross-claims at the time they were dismissed.

This action began as a foreclosure action filed by NationsBank in June 1993 concerning an unsuccessful development…