S.W. Croes Family Trust v. Small Business Administration

In joining the dissent of Judge Berndt, I wish to express that it was a circuit court judge’s responsibility to review the circuit court file. Peeved he might have been with out-of-state counsel, yet he owed a duty to ferret out the substantive pleading. Authorities in Judge Berndt’s dissent clearly substantiate that our decision today is wrong in that it vaults technical considerations, in the construction of pleadings, over the liberal rules of construction favored by civil code pleading.

We must, in my opinion, review pleadings so that they admit of the spirit and reason of the law. Liberal…