John Eubanks v. Kim Wade

WESTBROOKS, J.,

SPECIALLY CONCURRING:

¶ 22. I concur with the majority’s result that the judgment of the-circuit court should be reversed and remanded; however, I write separately, because in my opinion, the majority, fails to address Eu-banks’s ultimate issues on appeal.

I. Whether there was a hearing on Wade’s motion to dismiss.

¶23. The majority briefly mentions a hearing regarding the motion to dismiss; however, it does not conduct an analysis regarding whether such hearing actually occurred. It is important to address this issue on appeal, because during oral arguments before this Court,…