Lipsey v. Giles (Majority)Annotate this Case
Appellants filed a class action complaint alleging that the circuit court clerk falsely and fraudulently notarized oil-and-gas leases outside the presence of the landowners. The complaint requested an injunction and other relief. After a hearing, the circuit court sua sponte dismissed the case for lack of damages. The Supreme Court reversed, holding that the circuit court improperly dismissed Appellants’ complaint, as the sua sponte dismissal foreclosed the possibility that Appellants might have been able to submit additional evidence indicating that there remained a genuine issue of material fact, i.e., that they had suffered damages.