Loring Justice v. Kim Nelson Et Al.

Loring Justice and Kim Nelson are the divorced parents of a minor child. They have been in litigation over the child since 2004. This appeal arises from a lawsuit filed by Mr. Justice (plaintiff) against Ms. Nelson, Robert Bodine, and two unidentified coconspirators (defendants). In his original complaint, plaintiff alleged that defendants were liable for: conspiracy to commit the crime of extortion, intentional infliction of emotional distress, and tortious interference with parental rights. Defendants filed motions to dismiss, which the trial court granted. Exactly thirty days later, plaintiff filed an amended complaint. He alleged additional facts and new causes of action, including: fraud, coercion, attempted tortious interference with parental rights, and violations of the Racketeering Influenced and Corrupt Organization Act. Defendants filed a “response” to the amended complaint. They argued that the court should deny plaintiff leave to amend his original complaint. The court treated defendants’ “response” as a motion to dismiss the amended complaint, which the court then granted. We hold that the court erred when it treated defendants’ “response” as a motion to dismiss the amended complaint. We also hold that the court failed to provide adequate justification for dismissing the amended complaint sua sponte. Accordingly, we vacate the order of dismissal and remand for further proceedings.