Retreat v. Bell

In this unusual case the trial court dismissed, on the pleadings, a complaint that had been on file for almost seven years, after granting defendant leave to withdraw his answer. During the seven years, discovery had been taken and defendant had filed a motion for summary judgment that had been denied. We reverse and remand with instructions for the trial court (1) to allow plaintiff to amend to seek additional relief and (2) to resolve this case on the facts.

On June 7, 1990, plaintiff, the Retreat, a not-for-profit corporation, filed its complaint against defendant William F. Bell. The…