Friedman v. Friedman

Nebraska Advance Sheets FRIEDMAN v. FRIEDMAN 973 Cite as

290 Neb. 973

2. Dismissal of Determan In their second assignment of error, Appellants challenge the district court’s decision to sustain Determan’s motion to dismiss for failure to state a claim. Specifically, they argue that the court erred in its determination that Determan owed no duty to Appellants and thus was an improper party to a man- damus action. [7] To prevail against a motion to dismiss for failure to state a claim, a plaintiff must allege sufficient facts, accepted as true, to state a claim for relief that is plausible on its…