Saks

*567 Opinion

There is no need to set forth a detailed background of financial transactions leading up to Altamirco, Ltd.’s voluntary petition for chapter 11 bankruptcy. Nor must we discuss why Altamirco, its general partner, Craig Caldwell, and its legal counsel subsequently decided to initiate an adversary proceeding in the bankruptcy court to recover $1.5 million from Lawrence Saks, based on alternate theories of fraudulent conveyance ( 11 U.S.C. § 548 ) 1 and preferential transfer (§ 547). Suffice it to say, Saks prevailed in the adversary proceeding, marched across the street to state court, and filed a malicious prosecution/abuse of process action, naming everyone, 2 hereafter designated defendants.

The trial court granted defendants’ motion for judgment on the pleadings, dismissing the case for lack of subject matter jurisdiction. Saks appeals. Defendants cross-appeal, claiming the court erred in denying their motion for summary judgment. As we discuss, infra, the dismissal was proper. Our disposition renders defendants’ cross-appeal moot.

Discussion

We decide the propriety of a judgment on the pleadings by examining the pleadings and judicially noticed matters to see if…