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SCHEERER v. FISHER

No. COA09-236.

688 S.E.2d 472 (2010)

David SCHEERER, individually, and Mountain Life Realty, LLC, Plaintiffs-Appellants v. Jack FISHER, individually, and Renaissance Ventures, LLC, Highland Forest Partners, LLC, Defendants-Appellees.

Court of Appeals of North Carolina.

January 19, 2010.

Attorney(s) appearing for the Case

Ridenour Law Firm, P.A., by Eric Ridenour and J. Hunter Murphy, Sylva, for plaintiffs-appellants.

Melrose, Seago & Lay, P.A., by Randal Seago, Sylva, for defendants-appellees.

CALABRIA, Judge.

David Scheerer ("Scheerer") and Mountain Life Realty, LLC ("Mountain Life") (collectively "plaintiffs"), appeal an order dismissing plaintiffs' complaint pursuant to N.C. Gen.Stat. § 1A-1, Rule 12(b)(6) (2007) for failure to state a claim upon which relief could be granted. We reverse.

I. BACKGROUND

According to plaintiffs' allegations in their amended complaint, in January 2007, Scheerer notified Jack Fisher ("Fisher...

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