concurring in part and dissenting in part.
I agree with the majority’s affirmance on all but one issue: I would reverse that part of the trial court’s order granting a dismissal with prejudice of count II (Fraud) of appellant’s second amended complaint against ap-pellee Starling. I believe that the allegations of that count, which must be taken as true for purposes of a motion to dismiss, state a *263cause of action which cannot be resolved on such a motion.