I’m not seeing any problem with that. None at all. Does it in any way contradict the the ONE SENTENCE holding? Nope. Slam dunk!
parsy, who says please hurry, its almost 3:30 here. I gots to go to bed by then.
The “holding” was to dismiss the case for failing to state a claim, parsifal.
What is so hard to grasp about that? I even provided you a cite from the case itself, stating that the sole issue was whether the trial court erred when it dismissed Plaintiffs’ complaint. And further, that the motion to dismiss for failure to state a claim did not test the legal sufficiency of the claim, nor the facts supporting it.