Pursuant to Appellee’s Confession of Error, the circuit court’s January 20, 2012 Order Granting Motion to Dismiss with Prejudice is reversed as to Counts I and II, and this cause is remanded to the circuit court for further proceedings. . Appellant’s July 6, 2012 Motion for Appellate Attorneys’ Fees is provisionally granted conditioned upon Appellant prevailing in the litigation.

REVERSED and REMANDED.