Cruz v. Middlekauff Lincoln-Mercury, Inc.

HOWE, Justice:

We granted defendant Middlekauff Lincoln-Mercury, Inc.’s petition for interlocutory appeal after the trial court denied its motion to dismiss plaintiffs’ complaint for failure to state a claim upon which relief can be granted. Utah R.Civ.P. 12(b)(6). The propriety of a trial court’s decision to grant or deny a motion to dismiss under rule 12(b)(6) is a question of law that we review for correctness. St. Benedict’s Dev. Co. v. St. Benedict’s Hosp., 811 P.2d 194, 196 (Utah 1991). In reviewing the trial court’s ruling, we accept the factual allegations in the complaint as true and…