Missner v. Clifford

In this defamation action, plaintiff David N. Missner appeals from an order in which the circuit court converted defendant Robert A. Clifford’s motion to dismiss under section 2 — 619(a)(9) of the Code of Civil Procedure (Code) (735 ILCS 5/2 — 619(a)(9) (West 2006)) into a motion for summary judgment under section 2 — 1005 of the Code (735 ILCS 5/2 — 1005 (West 2006)), and subsequently granted summary judgment in favor of Clifford. On appeal, Missner argues that the circuit court erred in: (1) converting Clifford’s motion to dismiss to a motion for summary judgment; and (2) granting summary…