Baugh v. Woodard

HEDRICK, Judge.

“A Rule 12(b)(6) motion to dismiss for failure to state a claim is indeed converted to a Rule 56 motion for summary judgment when matters outside the pleadings are presented to and not excluded by the court.” Stanback v. Stanback, 297 N.C. 181, 205, 254 S.E. 2d 611, 627 (1979); G.S. § 1A-1, Rule 12(b). In the present case, the court considered live testimony, and, hence, its ruling must be reviewed as if it were a ruling on a motion for summary judgment. See Roach v. City of Lenoir, 44 N.C. App. 608, 261 S.E. 2d 299 (1980). “Summary judgment may be granted . . . where only a…