Graff v. Glennen

OPINION

WALTERS, Justice.

Plaintiff James Graff appeals the trial court’s grant of summary judgment in favor of defendants on Graff’s complaint for breach of employment contract and violation of civil rights.

Graff principally asserts that the trial court erred when it construed the University’s motion to dismiss as a motion for summary judgment. When considering a 12(b)(6) motion to dismiss, however, if matters outside the pleadings are presented to the trial court under such motion, it shall be treated as a motion for summary judgment. SCRA 1986, 1-012B(7); Runyan v. Jaramillo, 90 N.M. 629,…