Patten v. Green

LEVINE, Justice.

Gary Patten appeals from an order dismissing his complaint for failing to state a claim upon which relief may be granted. We affirm.

Gary Patten filed a complaint against his former wife, Valery Green, alleging that she collected money from the rental of a garage and a barn during the parties’ pending divorce action and used the proceeds “for her personal support when it was for other and specific purposes.” The district court dismissed Patten’s complaint sua sponte under Rule 12(b)(5) of the North Dakota Rules of Civil Procedure.

The district court may, on its own initiative,…