Rosenfeld v. Thoele

CLIFFORD H. AHRENS, Presiding Judge.

Plaintiff, Donald Rosenfeld, sued defendant, Virginia Thoele, individually and in her capacity as personal representative of the estate of Leonard Thoele, for trespass and nuisance, seeking both an injunction and damages. Defendant moved to dis miss plaintiffs petition for failure to state a claim upon which relief can be granted. The trial court granted this motion and dismissed plaintiffs petition without prejudice;- plaintiff appeals. We reverse and remand.

As a preliminary matter, we note that we have jurisdiction over this appeal. Although not…