Dragstra v. Northwestern State Bank of Orange City

UHLENHOPP, Justice.

This appeal involves the sufficiency of an amended petition to vacate a summary judgment. See rules 252, 253, Rules of Civil Procedure.' The amended petition was attacked by a motion to dismiss. Rule 104(b), R.C.P. Appellants are Rena Dragstra (“Rena”), who is the wife of Chris Dragstra (“Dragstra”), the children of Rena and Dragstra, and the guardian of those children. Appellee, who holds the judgment in question, is Northwestern State Bank of Orange City (“the Bank”).

A motion to dismiss a petition is to be sustained only when “it appears to a certainty plaintiff has…