Sullivant v. Americana Homes, Inc.
Decision Date | 27 May 1980 |
Citation | 605 S.W.2d 246 |
Parties | Robert B. SULLIVANT and Willola V. Sullivant, Husband and Wife, Appellants, v. AMERICANA HOMES, INC., a corporation; Melba Investors Southwest, Inc., a corporation; the Hildebrand Company, a corporation, Appellees. |
Court | Tennessee Court of Appeals |
James F. Schaeffer, Memphis, for appellants.
R. Grattan Brown, Jr. and William Thomas Newton, Memphis, for appellee, Americana Homes, Inc.
J. Murray Milliken and Wesley D. Turner, Nashville, for appellee, Melba Investors Southwest, Inc.
Joseph M. Cook, Memphis, for appellee, Hildebrand Co.
This case arises out of the purchase of a condominium by the Sullivants.
All of the defendants moved the Trial Court, under Rule 12.02(6) T.R.C.P., to dismiss the complaint for failure to state a claim upon which relief can be granted. The Trial Judge granted the motions without specifying his reasons. The plaintiffs appeal.
No affidavits were filed. The complaint must stand on its own as there is nothing else for us to consider.
We deem it appropriate to here copy the complaint which is in two counts and avers:
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...in support of his claim that would entitle him to relief. Willis v. Dept. of Corrections, 113 S.W.3d at 710; Sullivant v. Americana Homes, 605 S.W.2d 246 (Tenn. Ct. App. 1980). Such motions are not favored, and are rarely granted in light of the liberal pleading standards in the Tennessee R......
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Hamblen v. Davidson
...31, 1996, and that recovery for personal injuries in the complaint filed on October 15, 1998 is barred. In Sullivant v. Americana Homes, Inc., 605 S.W.2d 246 (Tenn. Ct. App. 1980), we addressed a similar case involving the discovery rule in the context of a motion to dismiss. The plaintiff ......
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Wicks v. Vanderbilt University, No. M2006-00613-COA-R3-CV (Tenn. App. 3/21/2007)
...of fact therein as true. Id.; see also Lackey v. Carson, 886 S.W.2d 232, 232 (Tenn. Ct. App. 1994) (citing Sullivant v. Americana Homes, Inc., 605 S.W.2d 246, 249 (Tenn.App.1980)). Any such dismissal by the trial court, like a dismissal under Rule 12 of the Tennessee Rules of Civil Procedur......