JOYNER v. LUCAS

No. 7814DC851.

257 S.E.2d 105 (1979)

42 N.C. App. 541

Mary Jenice JOYNER v. John Harding LUCAS, Jr.

Court of Appeals of North Carolina.

Certiorari Denied September 25, 1979.


Attorney(s) appearing for the Case

From entry of the order dismissing the action, plaintiff appeals.

Eugene C. Brooks, III, and Richard N. Watson, Durham, for plaintiff-appellant.

Powe, Porter, Alphin & Whichard by N. A. Ciompi, Durham, for defendant-appellee.


Certiorari Denied by Supreme Court September 25, 1979.

MORRIS, Chief Judge.

The trial court entered its order dismissing plaintiff's action pursuant to defendant's motion to dismiss under G.S. 1A-1, Rule 12(b). Nevertheless, because matters outside the pleadings were considered by the court in reaching its decision, the ruling should be treated as an order granting summary judgment. G.S. 1A-1, Rule 12(b). See Conover v. Newton, 297 N...

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