The defendant brought a motion for summary dismissal under Rule 2.1.01, arguing that the plaintiff's claim for dependent's relief was frivolous and an abuse of process.
The plaintiff, a 37-year-old adult, sought support from her late father's estate based on his failure to provide financial assistance since childhood, relying on a 1998 child support order.
The court dismissed the motion, finding that the claim was not clearly frivolous on its face and that the plaintiff raised arguable legal issues under the broad dependent's relief provisions of the Succession Law Reform Act worthy of consideration by the court.
