Sullivant v. Americana Homes, Inc.

NEARN, Judge.

This case arises out of the purchase of a condominium by the Sullivants.

All of the defendants moved the Trial Court, under Rule 12.02(6) T.R.C.P., to dismiss the complaint for failure to state a claim upon which relief can be granted. The Trial Judge granted the motions without specifying his reasons. The plaintiffs appeal.

No affidavits were filed. The complaint must stand on its own as there is nothing else for us to consider.

We deem it appropriate to here copy the complaint which is in two counts and avers:

“Come now plaintiffs and for cause of action against the defendants…