BMBT, LLC v. Miller

¶ 12 I respectfully dissent. On November 2, 2012, counsel for BMBT walked into a hearing on Defendants’ motion to bifurcate and walked out having had their complaint dismissed with prejudice. Defendants’ oral motion to dismiss was granted, and BMBT’s oral motion to amend was denied. The ruling was based on the trial court’s conclusion that the underlying documents created a security interest in the Property. The trial court acted decisively and perhaps — ulti*1176mately — correctly. But in my judgment the dismissal was premature because without resort to extrinsic evidence the documents are…