Legal Opinion
Adams v. Nelsen
Court of Appeals of North Carolina
Decided March 20, 1984No. 833DC359PublishedCited by 3 opinions
1Opinion of the Court
VAUGHN, Chief Judge.
Plaintiff contends that the trial court erred in granting defendants’ 12(b)(6) motion to dismiss. We agree. The only situations warranting a 12(b)(6) dismissal are:(1) when the complaint on its face reveals that no law supports plaintiffs claim;(2) when the complaint on its face reveals that some fact essential to plaintiffs claim is missing; and(3) when some fact disclosed in the complaint defeats plaintiffs claim.
Advertising Co. v. City of Charlotte, 50 N.C. App. 150, 152, 272 S.E. 2d 920, 922 (1980).
Plaintiffs complaint, which, in essence, alleged that plaintiff…
2Cases cited17 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- In Re Mercury Construction Corporation, Mercury Construction Corporation v. The Moses H. Cone Memorial HospitalCourt of Appeals for the Fourth Circuit · 1981
- Frederick Contractors, Inc. v. Bel Pre Medical Center, Inc.Court of Appeals of Maryland · 1975
- Weight Watchers of Quebec Ltd. v. Weight Watchers International, Inc.District Court, E.D. New York · 1975
- Brothers Jurewicz, Inc. v. Atari, Inc.Supreme Court of Minnesota · 1980
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3Cited by3 opinions
- Servomation Corp. v. Hickory Construction Co.Court of Appeals of North Carolina · 1984
- Miller Building Corp. v. Coastline Associates Ltd. PartnershipCourt of Appeals of North Carolina · 1992
- Rustad v. RustadCourt of Appeals of North Carolina · 1984