Windorf v. Malco

Defendant appeals a general judgment in which the trial court dismissed defendant’s counterclaims for unjust enrichment and intentional infliction of emotional distress (IIED) as untimely, and found in plaintiffs favor on her claims against defendant. Defendant raises a number of assignments of error. We reject all but one — defendant’s challenge to the trial court’s dismissal of his IIED counterclaim — without written discussion. As to that assignment of error, we conclude that the trial court erred in dismissing defendant’s IIED counterclaim, because plaintiff did not properly assert her…