Pournaras v. Hopkins

Respectfully I dissent and add a few words of explanation.

This is a single issue case. That issue is whether the appellant-plaintiff (“plain'tiff”) has stated a cause of action. If he has, the granting of a motion to dismiss was error and this case must be reversed and remanded for a determination on the merits.

In measuring the merits of the motion to dismiss all facts properly pleaded are taken as true. Therefore, what the evidence may support after trial is of no consequence at this point in the life of the case.

I

The crucial allegations in the complaint are these:

“1. The Defendant, on or…