McLanahan v. Keith

Marshall, Judge.

Appellants, defendants below, bring this appeal from the ex parte dismissal of appellee’s cause of action sua sponte by the trial court. The principal ground of the appeal is that appellants were denied a hearing by the trial court at the time the complaint was dismissed.

This unusual situation in which a defendant complains of the dismissal of a lawsuit brought against them arose in the following manner. Appellants are *172engaged in the rock quarrying business. Appellee alleged that appellants encroached upon her family’s land during their granite quarrying operations, with…