Whipple v. Allen

NANNETTE A. BAKER, Judge.

Introduction

Stephanie Whipple (“Whipple”) appeals from the judgment of the Circuit Court of Franklin County granting Ken Allen’s (“Allen”) motion to dismiss for failure to state a claim upon which relief may be granted. Whipple claims the trial court erred in dismissing her First Amended Petition (“Petition”). We affirm in part and reverse in part.

Factual and Procedural Background

On August 1, 2008, Whipple filed a four count Petition alleging two claims for conversion (Counts I and III) and two claims of negligence (Counts II and IV) against Franklin Quick Cash, LLC…