Royal Realty Co. v. Levin

Dell, Chief Justice.

This is a motion to dismiss the appeal taken from an order of the district court dismissing appellant’s action.

Appellant commenced an action against respondents for damages based on fraud. Without serving an answer, respondents moved the trial court for a dismissal of the action or, in the alternative, for summary judgment, on the ground that the complaint failed to state a claim upon which relief could be granted against either or all of the defendants and that there was no genuine issue as to any material fact in the case. The court granted the motion to dismiss the…