Empire Bank v. Walnut Products, Inc.

HOLSTEIN, Judge.

Defendants Walnut Products, Inc., C & D Sales, Inc., and Kenneth K. Christgen, Sr. (hereafter “defendants”) appeal from a dismissal of their identical counterclaims, each alleging fraud by plaintiff Empire Bank (hereafter “Bank”). The trial court sustained the Bank’s motion to dismiss the three counterclaims. We affirm in part, reverse in part, and remand.

*406The Bank filed a petition for rent and possession of certain real property. The defendants filed counterclaims unrelated to the Bank’s petition. In the counterclaims, the defendants allege Walnut Products is a guarantor of…