Simms v. Prudential Life Insurance Co. of America

HUNTER, Judge.

Plaintiff-appellants Dudley L. Simms, III, John L. Simms, DLS Family Investment Partnership, and JLS Family Investment Partnership (collectively “plaintiffs”) appeal the trial court’s orders of 16 June 1999, allowing defendants’ Prudential Life Insurance Company of America and Larry G. Frazier (collectively “defendants”) motion to dismiss, pursuant to N.C. Gen. Stat. § 1A-1, Rule 12(b)(6). We agree that plaintiffs have failed to state a claim upon which relief may be granted and, therefore, affirm the trial court’s rulings.

The factual basis out of which this appeal arises began…