Sidebottom v. Mitchell

SEPARATE CONCURRING OPINION

STEINFELD, Judge.

I concur in the result but respectfully disagree with the statement in the opinion which is:

“We are not convinced that any of the reasons relied on by the circuit court is wholly valid * * *

One of the reasons was “that relief should have been sought by amended complaint in the divorce action”. My judgment is that this is a valid reason for dismissing the complaint (at least without prejudice) since the relief sought was to recover on a claim in the same court which previously had carefully reserved the adjudication of that claim.

I consider the…