Portman v. Garbade

I disagree with the majority’s conclusion that the trial court ruled on any ground for dismissal asserted by the Garbades in their motion to dismiss other than that which has been properly preserved for appeal. The court clearly granted the motion to dismiss pursuant to Rule 12(b)(6), for failure of the second amended complaint to state facts sufficient to constitute a cause of action. The reason given by the trial judge at the conclusion of the hearing was that the complaint failed to allege the Attorneys held an interest in the property as tenants in common. No other basis was stated by the…