Raintree Corp. v. Rowe

MARTIN (Harry C.), Judge.

Plaintiff’s appeal raises four assignments of error.

Plaintiff’s first assignment of error was the trial court’s treating of defendants’ Rule 12(b)(6) motions to dismiss for failure to state a claim upon which relief may be granted as motions for summary judgment. Plaintiff complains it did not have 10 days’ notice as required by Rule 56(c), nor was it given a reasonable opportunity to present all material made pertinent to the motions.

At the hearing of defendants’ motions to dismiss, the trial court considered matters outside pleadings.

If, on a motion asserting the…