Gaines v. Gibbs

FLANIGAN, Judge.

Plaintiffs appeal from an order of the trial court dismissing the action on the motion of defendants. The ground of the motion was that the petition failed to state a claim upon which relief can be granted. Prior to the dismissal both sides, by stipulation, presented to the court an order of the Public Service Commission dated September 11, 1979. In its order of dismissal the trial court stated “that the issues represented by the pleadings in this cause were decided by the Public Service Commission, and that decision cannot be collaterally attacked in this action.”…