Hunter v. A-1 Bonding Service, Inc.

If the majority view is correct, one is led to wonder why the Georgia CPA, fashioned after the Federal rules, provided in Code Ann. § 81A-112 (b) (6) that a claim may be dismissed for “failure to state a claim upon which relief can he granted.” If this petition after opportunity for amendment by the plaintiff and her failure to strike the allegation that the defendant's agents returned to the home of the deceased for the purpose of killing him, can be held not subject to a motion to dismiss, we may as well write off the provision of law providing for the dismissal of a claim. There has been…