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LATHEM v. HESTLEY

No. S98A1901.

514 S.E.2d 440 (1999)

270 Ga. 849

LATHEM v. HESTLEY.

Supreme Court of Georgia.

Reconsideration Denied April 2, 1999.

Attorney(s) appearing for the Case

L. Daniel Butler, Augusta, for J. Stephen Lathem.

Thomas R. Burnside, Jr., Thomas R. Burnside III, Burnside, Wall, Daniel, Ellison & Revell, Augusta, for William A. Hestley.

HINES, Justice.

Lathem appeals 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.1 For the reasons that follow, we reverse.

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), see Anderson v. Flake, ...

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