Shallotte Partners, LLC v. Berkadia Commercial Mortg., LLC

DAVIS, Judge.

Plaintiff Shallotte Partners, LLC ("Shallotte") appeals and Berkadia Commercial Mortgage, LLC ("Berkadia") cross-appeals from the trial court's 3 September 2014 order partially granting Berkadia's motion to dismiss pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure. On appeal, Shallotte contends that the trial court erred in dismissing its claims for breach of fiduciary duty and constructive fraud against Berkadia. In its cross-appeal, Berkadia argues that the trial court improperly denied its motion to dismiss Shallotte's breach of contract claim. After…