· 12/24/2008
Doss v. Clearwater Title Co.
Citations
- 551 F.3d 634
- 2008 U.S. App. LEXIS 26302
- 2008 WL 5377683
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that the district court made a “mistake…in thinking that it was entitled to rely on the deed of sale attached to the defendants’ Rule 12(b)(6) motion, in the course of adjudicating that motion”
- taking judicial notice of public record without converting the instant motion into a motion for summary judgment
- declining to take judicial notice of a deed because “[i]t takes more than an exception to the hearsay rule . . . to justify judicial notice.”
- reversing a district court that considered a document attached to a motion to dismiss where the plaintiff claimed the document was not what it appeared to be
- noting impropriety of conversion to summary judgment where plaintiff had not had “an opportunity both to present and to support” an assertion that contested factual information presented in extraneous materials brought by defendant
- “Statements in documents affecting an interest in property do fall within an exception to the hearsay rule.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Manion, Wood, Tinder
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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