Shaw v. Shaw

CLARK, Judge.

Defendant filed a written motion to dismiss in which he stated that it was made pursuant to Rule 12. He did not specify which portion of the rule he feels is the applicable one but asks that the “complaint be dismissed for lack of jurisdiction”. If this were properly a question of jurisdiction, defendant’s appeal would be properly before us. Since it is not properly a question of jurisdiction, the appeal is not properly before us. We have, however, elected to treat the motion as one under Rule 12(b) (6) —a motion to dismiss for failure of plaintiff to state a claim upon which…