Legal Opinion
Hellickson v. Jenkins
Idaho Court of Appeals
Decided July 17, 1990No. 18010PublishedCited by 22 opinions
1Opinion of the Court
SUBSTITUTE OPINION
The Court’s prior opinion dated February 26, 1990, is hereby withdrawn.
BENGTSON, Judge, Pro Tem.
This appeal presents a situation where, in considering a motion under I.R.C.P. 12(b)(6) to dismiss for alleged failure of the complaint to state a claim upon which relief can be granted, the trial court considered matters outside of the complaint without converting the motion to one for summary judgment under I.R.C.P. 56, and apparently without giving the parties a reasonable opportunity to present all material pertinent to a summary judgment motion. The trial court’s dismissal…
2Cases cited17 opinions
- Rose v. BartleCourt of Appeals for the Third Circuit · 1989
- Michael Fonte and Gilda Fonte v. The Board of Managers of Continental Towers CondominiumCourt of Appeals for the Second Circuit · 1988
- Cohen v. United StatesCourt of Appeals for the Eighth Circuit · 1942
- Cole v. KunzlerIdaho Court of Appeals · 1989
- Grand Opera Co. v. Twentieth Century-Fox Film Corp.Court of Appeals for the Seventh Circuit · 1956
12 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Taylor v. McNicholsIdaho Supreme Court · 2010
- Thomson v. City of LewistonIdaho Supreme Court · 2002
- Hays v. StateIdaho Court of Appeals · 1999
- Daniel Paslay v. A&B Irrigation DistrictIdaho Supreme Court · 2017
- D.A.R., Inc. v. ShefferIdaho Supreme Court · 2000
17 more not listed; retrieve them via the Exa API.