Frank v. Savage

WYNN, Judge.

• “In ruling upon a Rule 12(b)(6) motion, the trial court. . . should not dismiss the action unless it appears to a certainty that plaintiff is entitled to no relief under any statement of facts which could be proved in support of the claim.” 1 In the present case, the trial court granted Defendants’ Rule 12(b)(6) Motion to Dismiss Plaintiffs Tamera Frank and Peter Franklin’s complaint. Treating Plaintiffs allegations as true, we hold that the complaint was sufficient to state claims upon which relief may be granted against Defendant Yancey County Board of Commissioners. We…