Norwest Bank Black Hills, N.A. v. Rapid City Teachers Federal Credit Union (No. 4122)

MILLER, Justice (on reassignment).

In this appeal we hold that the trial court erred in granting a motion to dismiss for failure to state a claim and in converting a motion to dismiss into a motion for summary judgment.

FACTS AND PROCEDURAL HISTORY

Because of the nature of this holding, a detailed recitation of the facts is not necessary. Generally stated, Norwest Bank (Norwest) commenced an action against the Rapid City Teachers Federal Credit Union (Credit Union) seeking both actual and exemplary damages. Norwest, in a two-count complaint, alleged (1) that Credit Union, through its officers…