Rhodes v. Mill Race Inn, Inc.

How courts have described this case

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

• finding that it was not improper for the circuit court to dismiss an action on its own motion when a fundamental defect is present in the pleadings
• finding that the trial court properly dismissed a count on its own motion
• finding that the court properly dismissed a count on its own motion because a complaint’s failure to state a cause of action is “a fundamental defect which may be raised at any time by any means and cannot be waived”
• finding the failure of a complaint to state a cause of action is a fundamental defect, and it -3- was not improper for the circuit court to dismiss it on its own motion
• existence of a criminal penalty neither bars nor establishes an implied private right of action
• a trial court on its own motion also possesses the authority to dismiss any claim that fails to state a cognizable cause of action

Source: CourtListener parenthetical corpus (CC0).