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Ikomoni v. Bank of America, N.A.

Court of Appeals of Georgia

February 25, 2015

IKOMONI
v.
BANK OF AMERICA, N.A

Wrongful foreclosure, etc. Rockdale Superior Court. Before Judge Irwin.

Judgment reversed.

Mack & Harris, Robert L. Mack, Jr., for appellant.

McGuireWoods, Jarrod S. Mendel, for appellee.

McFADDEN, Judge. Andrews, P. J., and Ray, J., concur.

OPINION

Page 528

McFadden, Judge.

This appeal is from a trial court order granting a motion to dismiss a complaint for failure to state a claim. Because it does not appear with certainty that the plaintiff would be entitled to no relief under any set of facts that could be proven in support of his claims, we reverse.

Page 529

Alexander Ikomoni filed a pro se complaint against Bank of America, N.A., asserting counts for wrongful foreclosure, mental anguish and punitive damages. In support of these counts, he alleged as operative facts that he had acquired interests in two properties by quitclaim deed; that the deeds were recorded; that the bank knew or should have known of his ownership from conversations with him and his repeated calls informing it of his interest; that the bank foreclosed on the properties without giving him any notice of the foreclosure or advertising the foreclosure as required by law; that the price realized at the foreclosure sale was inadequate; and that he has suffered extreme mental anguish as a result of the bank's wanton, reckless, extreme and outrageous conduct.

The bank filed a motion to dismiss the complaint, pursuant to OCGA § 9-11-12 (b) (6), for failure to state a claim upon which relief could be granted. The trial court granted the motion and dismissed the complaint for failure to state a claim. Ikomoni appeals.

A trial court should not grant a motion to dismiss for failure to state a claim upon which relief may be granted unless:

(1) the allegations of the complaint disclose with certainty that the claimant would not be entitled to relief under any state of provable facts asserted in support thereof; and (2) the movant establishes that the claimant could not possibly introduce evidence within the framework of the complaint sufficient to warrant a grant of the relief sought. In deciding [330 Ga.App. 777] a motion to dismiss, all pleadings are to be construed most favorably to the party who filed them, and all doubts regarding such pleadings must be resolved in the filing party's favor. In other words, a motion to dismiss for failure to state a claim should not be granted unless it appears to a certainty that the plaintiff would be entitled to no relief under any state of facts which could be proved in support of his claim. If, within the framework of the complaint, evidence may be introduced which will sustain a grant of relief to the plaintiff, the complaint is sufficient.

Webb v. Bank of America, 328 Ga.App. 62, 63 (761 S.E.2d 485) (2014) (citation omitted). Moreover, " [a] pro se complaint[, such as Ikomoni's,] is not held to stringent standards of formal pleadings." Johnson v. Jones, 178 Ga.App. 346, ...


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