Monarch v. Lodge Condominium Council of Co-Owners, Inc.

HOWERTON, Judge.

Monarch seeks to reinstate her complaint against the Council of Co-owners, which was dismissed by the Jefferson Circuit Court for failure to state a cause of action upon which relief can be granted. On the same date, the trial judge entered an additional order, obviously prepared by counsel for the Council of Co-owners, dismissing the complaint pursuant to CR 12 and CR 19. Whether the real reason for dismissal was failure to state a cause of action or for failure to join an indispensable party, we determine that the trial court erred, and we reverse and remand this action for…