Martin v. Pierce

Marshall, Judge.

Appellant Martin appeals the grant by the trial court of appellees’ motion to dismiss Count 1 for failure to state a cause of action against appellees and the grant of the motion insofar as it prayed for attorney fees based upon stubborn litigiousness. The issue is whether an exhibit attached to Martin’s complaint proves that he cannot recover under Count 1 thereof.

The complaint reflects that Martin owned a contracting business and alleges he was engaged to perform certain dry wall and insulation work by the 12 named defendants (appellees) as partners or joint venturers under…