Focus Healthcare Medical Center, Inc. v. O’neal

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that affirmative defense of statute of limitations can be waived and that trial court does not have authority to raise it sua sponte
• reversing the trial court’s order dismissing complaint for lack of service despite defendant’s failure to appear and raise the waivable defense
• reversing trial court’s sua sponte dismissal of an action based upon its own assertion of an affirmative defense that could have otherwise been waived by the defendant
• it is for the trial judge to decide weight and credibility of evidence regarding substitute service at defendant’s usual place of abode
• “An oral contract of employment for a term beyond one year is unenforceable under the statute of frauds.” (punctuation and citation omitted)
• where defendant never appeared in the action or responded to the complaint

Source: CourtListener parenthetical corpus (CC0).