Tunis v. Country Club Estates Homeowners Ass'n

OPINION

FRY, Judge.

{1} Plaintiffs appeal from the district court’s order dismissing their action under Rule 1-012(B)(6) NMRA for failure to state claims on which relief could be granted. The district court reasoned that, under the doctrine of res judicata, the judgment in an earlier declaratory judgment action precluded Plaintiffs ’ claims in the present case.1 Because the district court considered matters outside the pleadings, we conclude that the motion to dismiss was converted to a motion for summary judgment.

{2} In the prior declaratory judgment action, Defendant Country Club Estates…