Best v. Perry

MITCHELL, Judge.

The plaintiff’s sole contention on appeal is that the trial court erred in granting the defendant’s motion for judgment on the pleadings. When matters not contained in the pleadings are presented to and not excluded by the trial court, a motion for judgment on the pleadings must be treated as a motion for summary judgment. G.S. 1A-1, Rule 12(c). The record before us indicates that affidavits were filed by the defendant with the trial court. The defendant’s motion for judgment on the pleadings indicates that it is based “upon the pleadings and papers of record in the court…