Fischer Investment Capital, Inc. v. Catawba Development Corp.

ERVIN, Judge.

Fischer Investment Capital, Inc. (Plaintiff), appeals from judgment entered 28 July 2008 granting Defendants’ motion to dismiss for failure to state a claim for which relief can be granted pursuant to N.C. Gen. Stat. § 1A-1, Rule 12(b)(6). After careful consideration of the allegations of Plaintiff’s complaint in light of the applicable law, we reverse the trial court’s order dismissing Plaintiff’s complaint and remand this case to the Buncombe County Superior Court for further proceedings not inconsistent with this opinion.

Factual Background

On 12 August 2005, 1 HCL Partnership,…