Boyce v. Boyce

JOHNSON, Judge.

This case involves an appeal from the order dismissing petitioner’s second cause of action in which she claimed that respondent was indebted to her and that the debt should constitute an equitable lien on respondent’s share of the partitioned property. The issue dispositive of this appeal is whether the trial court erred in dismissing petitioner’s second cause of action for failure to state a claim upon which relief may be granted. A review of the record and applicable principles of law leads to the inescapable conclusion that petitioner’s second cause of action was properly…