Swink v. Ernst & Young

Tom Glaze, Justice.

In this appeal, appellant James Swink, Jr., contends the trial court erred in granting the Ernst & Young accounting firm’s ARCP Rule 12(b)(6) motion to dismiss Swink’s complaint. On February 2, 1994, Swink, Jr., brought this suit individually, but his allegations and request for damages were based upon a 1985 contract between Swink & Company, Inc., and Ernst & Young. Under that contract, Ernst & Young agreed to examine, report, review, and submit annual financial statements, schedules, audits, and federal and state income tax returns in accordance with generally accepted…