MOONEY v. MOONEY

No. A98A2423.

508 S.E.2d 766 (1998)

235 Ga. App. 117

MOONEY v. MOONEY.

Court of Appeals of Georgia.

November 4, 1998.


Attorney(s) appearing for the Case

C. Suzette Ellis-Hoyle, Decatur, for appellant.

Charles A. Mullinax, Stone Mountain, for appellee.


ELDRIDGE, Judge.

Plaintiff-appellant Patsy Ann Mooney contends that the trial court erred in dismissing her complaint for failure to state a claim upon which relief can be granted, pursuant to OCGA § 9-11-12(b)(6). We agree with the plaintiff and reverse the order of the trial court.

"A motion to dismiss for failure to state a claim upon which relief may be granted should not be sustained unless (1) the allegations of the complaint disclose with certainty...

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