Price v. Ala. One Credit Union (Ex parte Price)

BRYAN, Justice (dissenting).

I write specially to address the tension in the law concerning when a Rule 12(b)(6), Ala. R. Civ. P., motion to dismiss is converted into a summary-judgment motion. The main opinion relies on precedent stating that, when the record is silent as to whether the trial court considered matters submitted outside the pleadings, no conversion occurred. 244 So. 3d at 954 (citing Universal Underwriters Ins. Co. v. Thompson, 776 So.2d 81, 83 (Ala. 2000) ; Stockman v. Echlin, Inc., 604 So.2d 393, 394 (Ala. 1992) ; and Sims v. Lewis, 374 So.2d 298, 302 (Ala. 1979) ). In this…