Lungu v. Walters

PEARSON, Judge.

The plaintiff filed a complaint for a declaratory decree seeking a determination of the rights and interests of- the parties in and to a certain promissory note and the proceeds payable thereunder. A motion to dismiss the amended complaint was filed by the defendant. Plaintiff appeals the order of the lower court which dismissed with prejudice the amended complaint for failure to state a cause of action. We hold that taking the allegations of the complaint as true, which is proper upon a motion to dismiss for failure to state a cause of action, the complaint was sufficient.

The…