Hill Ex Rel. Fogel v. Grand Central, Inc.

ELLETT, Justice:

The appellant appeals from the granting of a summary judgment against her in her action for libel.

After she filed her complaint wherein she alleged malice on the part of the defendant, the defendant without answering moved to dismiss the complaint for failure to state a claim under Rule 12(b) (6), U.R.C.P.

The order of the court was unique:

IT IS HEREBY ORDERED,' ADJUDGED AND DECREED as follows:

1. That defendant’s motion to dismiss plaintiff’s complaint be denied.

2. That plaintiff be granted 30 days from the date of this hearing to produce evidence to support her allegations of…