Burgin v. Owen

The majority’s opinion holds “plaintiff’s complaint failed to state a legally sufficient claim and .'. . affirm[s] the trial court’s order granting defendants’ [Rule 12(b)(6)] motion to dismiss and canceling the lis pendens attached to the subject property.” Taking the allegations in plaintiff’s complaint as true, his allegations state a claim for which relief can be granted to survive defendants’ Rule 12(b)(6) motion to dismiss. I vote to reverse the trial court’s order and respectfully dissent.

I. Standard of Review

Our Supreme Court has stated:

The test on a motion to dismiss for failure to…