Francke v. Gable

How courts have described this case

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

• trial court’s dismissal of action on its own motion on basis of unasserted, waivable defense is plain error
• trial court’s dismissal of action on its own motion on basis of unasserted, waivable defense is plain error
• a trial court may not raise an affirmative defense on behalf of a defendant and then dismiss the action based on that defense
• trial court’s dismissal of action on its own motion on basis of unasserted, waivable defense is plain error

Source: CourtListener parenthetical corpus (CC0).