Golden v. Golden

ERWIN, Judge.

We find it was proper for Judge Tate to consider plaintiff’s motion to dismiss pursuant to Rule 12(b)(6) of the Rules of Civil Procedure as one for summary judgment and to consider matters off the face of the record after giving the parties reasonable opportunity to present all material pertinent to the disposition of the case by summary judgment. Smith v. Smith, 17 N.C. App. 416, 194 S.E. 2d 568 (1973); G.S. 1A-1, Rule 12(b), of the Rules of Civil Procedure.

Plaintiff contends that denial of the motion for summary judgment is immediately appealable, because it affects a…