Brown v. Kellar

OPINION

Appellant brought suit in district court against, among other defendants, respondent Kellar. Respondent moved to dismiss the complaint against him on the grounds that he could not be held individually liable for the actions alleged in the complaint and because enforcement of the agreement would violate the statute of frauds. The district court construed the motion as a motion to dismiss for failure to state a claim upon which relief could be granted, NRCP 12(b)(5), and granted the motion.

On a motion to dismiss for failure to state a claim for relief, the trial court and this court must…