Dunker v. Calkins

John F. Dunker and Waterfront Acres, Inc. appeal a final order dismissing their complaint as a sham. We reverse.

Plaintiffs filed a complaint alleging usury in connection with payments made to defendant/appellee Neil B. Calkins under a promissory note secured by a mortgage. Plaintiffs’ counsel moved to withdraw. At a hearing, the trial court granted the motion and allowed the plaintiffs twenty days within which to obtain new counsel. The trial court then immediately took up the defendant’s pending motion to strike the complaint as a sham, and granted the motion. The case had only been pending…