In re Dudley (Ch. 7 Case No. 02-51225 Adv. No. 02-05087)
The complaint's style showed Citicorp Mortgage, Inc. to be the defendant in the adversary proceeding. CitiMortgage, Inc. filed a motion to dismiss for failure to state a claim upon which relief can be granted. The complaint made no mention of CitiMortgage, Inc. and sought no relief against CitiMortgage, Inc. The Court held that CitiMortgage, Inc. was not a party that may file a motion to dismiss and denied the motion to dismiss.