Miller v. Weaver
Utah Supreme Court
1Opinion of the Court
WILKINS, Justice:
4 1 Plaintiffs 1 challenge the district court's dismissal of their first amended complaint against defendant Wendy Weaver (Weaver) for failure to state a claim upon which relief may be granted under Utah Rule of Civil Procedure 12(b)(6). We affirm.
FACTUAL HISTORY
T2 Since the party moving to dismiss a complaint admits the facts as alleged and challenges the complainant's right to relief based on those facts, we accept the material allegations of the complaint as true and recite them accordingly. 2 See, eg., Hall v. Dep't of Corr,, 2001 UT 34, 12, 24 P.3d 958; St. Benedict's…
2Cases cited21 opinions
- St. Benedict's Development Co. v. St. Benedict's HospitalUtah Supreme Court · 1991
- State v. ThomasUtah Supreme Court · 1998
- Jenkins v. SwanUtah Supreme Court · 1983
- Hall v. Utah State Department of CorrectionsUtah Supreme Court · 2001
- Mitchell v. State Farm InsuranceMontana Supreme Court · 2003
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3Cited by71 opinions
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- State v. BarrettUtah Supreme Court · 2005
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- LPI Services and/or Travelers Indemnity Co. v. McGeeUtah Supreme Court · 2009
- State v. LaycockUtah Supreme Court · 2009
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