Gilbert v. Miller

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that where the trial court considers matters outside the pleadings the motion to dismiss is converted to one for summary judgment
• stating that language of lease that made control of pet sole responsibility of tenant, and required pet to meet landlord approval, did not create duty on part of landlord to prevent injuries to third persons not parties to lease
• finding a 12(b)(6) motion converted to a summary judgment motion because the plaintiff submitted outside documents in response to the motion, the defendant did not object to the documents, and the circuit court reviewed the documents in considering the motion
• “The lease provision prohibiting pets in multifamily units was not equivalent to a promise creating a duty on the part of [the landlord] to keep the premises free from pets or vicious dogs.”

Source: CourtListener parenthetical corpus (CC0).