McCutcheon v. Brooks

Cheryl Anne Mc-Cutcheon, plaintiff-appellant, commenced an action in the Court of Common Pleas of Franklin County on August 25, 1987, setting forth claims for alienation of affections and criminal conversation. In those claims, plaintiff also sought damages for mental anguish, humiliation, and great distress of mind and body.

The trial court sua sponte dismissed the complaint on September 2, 1987, prior to answer, on the basis that the tort of alienation of affections has been abolished. The court further found that the case was clearly frivolous, barred by statute, and without merit and,…