Charles Evans & Cynthia Evans, et al. v. United Bank, Inc.; Stan McQuade, and Thelma McQuade
Through an original complaint filed in 2009 and two amended complaints filed in 2010, petitioners claim that they were victims of a real estate investment scheme when they purchased residential lots in 2005 and 2006. Petitioners appeal from the order dismissing their suit pursuant to Rule 12(b)(6), in which the circuit court ruled that their claims of fraud in the inducement, negligence, intentional and/or negligent infliction of emotional distress, breach of fiduciary duty, and constructive fraud were time-barred by the two-year statute of limitations. The court dismissed petitioners’ claim of breach of implied covenant of good faith and fair dealing because they failed to allege a breach of contract. Lastly, the court dismissed petitioners’ detrimental reliance claim, finding that it was improper because they seek money damages, and, alternatively, that it was essentially a restatement of their fraud in the inducement claim.