Higgins v. MEDICAL UNIVERSITY OF SC

How courts have described this case

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

• holding the trial court ordinarily may not consider factual statements made during argument on the summary judgment issue
• finding an issue is not preserved for review when the appellants failed to object at the hearing and did not bring the issue to the trial court's attention
• finding the circuit court erred by converting the 12(b)(6) motion into a summary judgment motion because the plaintiffs were not \fairly apprised that the court would look beyond the pleadings\ (quoting Garaux v. Pulley, 739 F.2d 437, 439 (9th Cir. 1984))
• “In deciding a motion to dismiss pursuant to 12(b)(6), the trial court should only consider the allegations set forth on the face of the plaintiff's complaint . . . .”
• \An error in conversion is harmless 'if the dismissal can be justified under Rule 12(b)(6) without reference to matters outside of the plaintiff's complaint.'\ (quoting Brown v. Zavaras, 63 F.3d 967, 970 (10th Cir. 1995))

Source: CourtListener parenthetical corpus (CC0).