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Keywords

plaintiffstatuteappealtrialmotiontrustmotion to dismissconstructive trust

plaintifflitigationtrialmotiontrustmotion to dismissconstructive trust

Related Cases

Lathem v. Hestley, 270 Ga. 849, 514 S.E.2d 440

Facts

Lathem began living with Hestley in 1974 and made significant improvements to one of the properties, relying on Hestley's representation that he would acquire a half interest in it. Lathem also paid half the property taxes and made repairs, asserting ownership rather than rental status. The second parcel was purchased jointly, and the third was bought with proceeds from timber sales from the second parcel. Lathem's petition for partition was dismissed by the trial court, leading to the appeal.

Taking Lathem's allegations as true, as is required when reviewing an order on a motion to dismiss for failure to state a claim under OCGA § 9–11–12(b)(6), the facts are as follows: The first of the three parcels of land was acquired by Hestley in 1959. In 1974, Lathem began living there with Hestley and, in 1990, Lathem enlarged the home on this property, spending over $100,000 to do so.

Issue

Did the trial court err in dismissing Lathem's petition for partition for failure to state a claim upon which relief could be granted?

Rule

A motion to dismiss for failure to state a claim should only be granted when the petition shows with certainty that the plaintiff would not be entitled to relief under any state of facts that could be proved in support of the claim.

Such a motion should be granted only when the petition 'shows with certainty that the plaintiff would not be entitled to relief under any state of facts that could be proved in support of the claim.'

Analysis

The court determined that Lathem's allegations, when taken as true, were sufficient to establish a claim for an implied constructive trust. The court noted that Lathem's reliance on Hestley's representations and the significant improvements made to the property supported the imposition of a constructive trust. Additionally, the court found that the trial court's reasoning regarding the statute of frauds and the inadequacy of statutory partition was flawed.

The facts alleged, the citation to Weekes v. Gay, and the relief requested satisfied the requirements that Lathem give Hestley fair notice of the claim and an indication of the type of litigation involved, and set forth a claim for the imposition of a constructive trust on the three parcels of property, and a partition of these parcels.

Conclusion

The Supreme Court reversed the trial court's dismissal of Lathem's complaint, allowing the case to proceed based on the claim of an implied constructive trust.

Inasmuch as Lathem's petition did not fail to state a cause of action, the trial court erred in dismissing it under OCGA § 9–11–12(b)(6).

Who won?

Lathem prevailed in the case because the Supreme Court found that his allegations were sufficient to state a claim for an implied constructive trust, which warranted further proceedings.

Lathem prevailed from the trial court's order dismissing for failure to state a claim upon which relief can be granted his petition for the partition of three parcels of land.

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