Saks v. Smith

HORTON, Judge.

This interlocutory appeal is from an order denying the appellant’s motion to dismiss an amended complaint for declaratory relief. The cause was submitted for determination without oral argument.

The sole question at issue here is whether or not the amended complaint states a cause of action for declaratory relief. We conclude that it does not.

The amended complaint to which the appellant’s motion to dismiss was directed alleged in substance that the appellant was appointed the guardian of Etta Saks, an incompetent, on the 11th day of May, 1959; that four months prior thereto, on…