MVP Investment Co. v. North Fulton Express Oil, LLC

Bernes, Judge.

In this ejectment action, MVP Investment Company appeals from the trial court’s grant of appellees’ motion to dismiss its amended complaint. Because we conclude that MVP has adequately set forth a cause of action for ejectment to the extent that the appellees have encroached upon its property, we hold that the court’s dismissal of the amended complaint was improper.

We review a trial court’s grant of a motion to dismiss de novo. Ga. Lien Svcs. v. Barrett, 272 Ga. App. 656, 657 (1) (613 SE2d 180) (2005). “Amotion to dismiss may be granted only where a plaintiff would not be…