COOK, J.
The determinative issue in the instant appeal is whether a trial court may sua sponte convert a motion to dismiss, one of the grounds of which is the failure to state a claim upon which relief can be granted (Civ. R. 12[B][6]), into a motion for summary judgment (Civ. R. 56) without notice to the parties.
Civ. R. 12(B) provides:
"Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross...
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