Hill v. Kraft, Inc.

This is an appeal from a judgment of dismissal.

Nothing was considered by the trial court but the complaint and the motion to dismiss. The motion was not treated as a motion for summary judgment with all parties given an opportunity to present all pertinent material in accordance with the last provision of Rule 12 (c), Ala.R.Civ.P. Therefore, this Court must test the action of the trial court under the standard of review applicable to a dismissal under Rule 12 (b)(6). Roberts v. Meeks, 397 So.2d 111 (Ala. 1981).

Motions to dismiss should be granted sparingly, and a dismissal is proper only when…