RICHLAND RUN HOMEOWNERS ASSOCIATION, INC. v. CHC Durham Corp.

*347McGEE, Judge.

Although the order of the trial court purports to be a dismissal of plaintiffs claims, because the court considered matters outside of the pleadings, the order is actually a grant of summary judgment for defendants. A motion to dismiss for failure to state a claim is converted to a N.C.R. Civ. P. 56 motion for summary judgment when matters outside of the pleadings are presented to and not excluded by the trial court. Stanback v. Stanback, 297 N.C. 181, 205, 254 S.E.2d 611, 627 (1979). In this case, the order clearly shows the court considered the affidavits submitted by the…