McAtee

The judgment is affirmed.

On June 15, 2000, plaintiff Anna Lou McAtee filed a complaint for breach of contract against defendant Realty Executives. The complaint alleged that there was a written contract between the parties, under which plaintiff would sell homes for defendant on commission, but defendant breached the contract about June 30, 1996, by paying plaintiff's commission, in the amount of $8,513.10, to another person without plaintiff's consent. Defendant filed an answer to the complaint on July 12, 2000, denying the allegations of the complaint and alleging that its written contract was with plaintiff's husband, Ron McAtee (McAtee), not plaintiff, and plaintiff was not entitled to commissions.

The record on appeal contains a minute order reflecting proceedings on October 7, 2002, in which defendant's counsel announced an intention to move to dismiss the complaint on statute of limitations grounds. [1] The matter went forward as a court trial on January 7, 2003, and was concluded that day. On the same day, the court issued a judgment in favor of plaintiff, awarding damages in the principal amount of $8,513.10, as well as costs in the amount of $90. On January…