Facile v. Assisted Living Homes, Inc.

By Judge Robert W. Wooldridge, Jr.

Petitioners filed a motion for declaratory judgment seeking to declare void an Option Agreement (“the Option”) entered into with the respondent (a corporation). The matter comes before me on the respondent’s plea in bar and demurrer.

Inadvertently, no copy of the Option was attached to the motion for declarator judgment. All parties agreed that the Option introduced as Exhibit 1 in the taking of evidence on the plea in bar is the Option incorporated in the motion for declaratory judgment as an exhibit.

Petitioners move to declare the Option void on the grounds…