Haynie v. Cobb

STROUD, Judge.

Defendant Robert F. Jones d/b/a Jones Construction Company and Pete Jones Construction Company filed a motion to dismiss which the trial court granted as to one of plaintiffs claims. As the dismissed claim was alleged in plaintiffs complaint, we reverse and remand.

I. Background

On 12 January 2007, plaintiff filed a complaint (“2007 complaint”) against defendants. On 24 March 2008, plaintiff filed a motion to amend his complaint. From the record before us, it appears that the trial court never ruled on plaintiffs motion to amend the 2007 complaint. On 25 April 2008, plaintiff…