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Gruner v. Thacker

The trial court erred in dismissing the plaintiff's appeal for failing to timely file the transcript and transmit the record without first making the required findings of fact.

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Melanie Howton Gruner, acting pro se, filed suit against multiple parties arising out of her arrest at a traffic roadblock. Defendant Melodie Thacker moved for summary judgment, which was granted, and Gruner appealed. Gruner’s appeal, however, was dismissed by the trial court, and she now appeals that ruling.

Gruner filed suit in November 2006 against Thacker the intake officer on the night of Gruner’s arrest, as well as the arresting officer, the chief of police, the City of McDonough, and several other individuals. Gruner alleged a violation of her civil rights, false arrest, false imprisonment, negligence, conspiracy, and conversion, and she thereafter amended her complaint several times. In November 2010, Thacker moved for summary judgment on all claims against her, and a hearing was set for February 17, 2011. Following the hearing, the trial court granted the motion and filed its order on February 23, 2011.

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