Slepian v. Slepian

The Circuit Court of Mobile County granted the defendant's motion to dismiss the plaintiff's cause of action. The plaintiff appeals, contending the trial court erred in granting defendant's Rule 12, ARCP, motion to dismiss for failure to state a claim upon which relief can be granted. We affirm.

The pertinent part of the defendant's motion to dismiss is as follows:

"2. To dismiss the action on the ground that the subject matter of the Complaint and the prayer for recovery therein is embraced in motions pending before Honorable Michael E. Zoghby filed in Civil Action No. 84444-Z which such…