Cross v. Biviano, Unpublished Decision (10-12-2001)

For the reasons that follow, I respectfully dissent from the majority's decision that it was error for the trial court to dismiss appellant's complaint.

As a preliminary matter, I would also like to comment on the fact that appellee lacked standing to move for the dismissal of the Wilmarda Land Company. The record shows that appellant filed her motion to amend the complaint to add the Wilmarda Land Company in place of appellee. Presumably, the stated basis for this motion was that the Wilmarda Land Company was the actual owner of the property. The trial court, in a judgment entry dated May 3,…