Bowman v. Alan Vester Ford Lincoln Mercury

HUDSON, Judge.

Alan Vester Ford Lincoln Mercury and Joann Robinson (collectively, “defendants”) appeal from an order of the superior court granting the motion by third-party defendant Mike’s Auto Sales, Inc. (“Mike’s”) to dismiss defendants’ third-party complaint for failure to state a claim upon which relief may be granted, see N.C.R. Civ. P. 12(b)(6), and awarding attorneys fees. For the reasons given below, we affirm in part and reverse in part.

The facts alleged in the third-party complaint, which are taken as true on a motion to dismiss for failure to state a claim, see Holloman v.…