Rinaldi v. Willison

Ruffin, Judge.

Daniel Rinaldi, Jr. appeals the dismissal of his complaint in which he sought to recover on a loan he made to Robert Willison. Willison cross-appeals, arguing that the trial court should not have dismissed his counterclaim. For reasons that follow, we reverse both dismissals.

A dismissal should be granted “only where a complaint shows with certainty that the plaintiff would not be entitled to relief under any state of facts that could be proven in support of his claim.”* 1 We thus construe all the allegations in the complaint in a light most favorable to the complaining party and…