"`"[W]here matters outside the pleadings are considered on a motion to dismiss, the motion is converted into a motion for summary judgment . . . regardless of its denomination and treatment by the trial court."'" (quoting Phillips v. AmSouth Bank,833 So.2d 29, 31 (Ala. 2002), quoting in turn Boles v. Blackstock,484 So.2d 1077, 1079 (Ala. 1986))
How later courts described this case
- "`"[W]here matters outside the pleadings are considered on a motion to dismiss, the motion is converted into a motion for summary judgment . . . regardless of its denomination and treatment by the trial court."'" (quoting Phillips v. AmSouth Bank,833 So.2d 29, 31 (Ala. 2002), quoting in turn Boles v. Blackstock,484 So.2d 1077, 1079 (Ala. 1986))
Written by the judges who cited it.
The opinion
Because I believe a genuine issue of material fact exists with respect to the validity of the release (at least with respect to the issue discussed in Part I of the majority opinion), I respectfully dissent from that part of the majority opinion affirming in part the summary judgment entered by the trial court.