Sethness v. Sethness

HILL, Judge.

Plaintiff’s first contention on appeal is that the trial court erred in dismissing plaintiff’s Complaint for failure to state a claim upon which relief could be granted.

Plaintiff argues that the allegations in his Complaint establish his right to the relief prayed for: that the separation agreement be declared void.

In ruling on a motion to dismiss a complaint for failure to state a claim upon which relief can be granted, the test to be applied by the court is whether the complaint alleges a set of facts which would entitle the plaintiff to some relief. Carolina Builders Corp. v.…