Sinning v. Clark

MARTIN, John C., Judge.

I

Although the trial court’s order purported to grant summary judgment in favor of defendants, the parties have stipulated that no extraneous materials were before the court; thus, defendants’ Rule 12(b)(6) motion was not converted into one for summary judgment and the appropriate standard of review is that applicable to a Rule 12(b)(6) ruling. Whitfield v. Winslow, 48 N.C. App. 206, 268 S.E.2d 245, disc. review denied, 301 N.C. 405, 273 S.E.2d 451 (1980). That standard of review is “whether, as a matter of law, the allegations of the complaint, treated as true, are…