Lee v. Paragon Group Contractors, Inc.

EAGLES, Judge.

By his sole assignment of error, defendant contends that the trial court erred in granting defendant’s motion to dismiss. We find no error.

The test on a motion to dismiss for failure to state a claim upon which relief can be granted is whether the pleading is legally sufficient. [Citation omitted.] A complaint may be dismissed on motion filed under Rule 12(b)(6) if it is clearly without merit; such lack of merit may consist of an absence of law to support a claim of the sort made, absence of fact sufficient to make a good claim, or the disclosure of some fact which will…