Elling v. Callas

OPINION

JOHNSON, Judge:

Plaintiff-appellant, Thomas Elling, takes this appeal from the order of the trial court sustaining defendant-appellees’ demurrer to appellant’s complaint in equity and dismissing the complaint. Appellant now argues that the trial court erred in denying appellant’s motion to strike appellees’ preliminary objections as an improper “speaking demurrer.” We find appellant’s argument to have merit and we reverse the order of the trial court and remand for further proceedings.

The herewithin action was initiated by appellant in equity by Complaint to Set Aside Fraudulent…