Michael Fonte and Gilda Fonte v. The Board of Managers of Continental Towers Condominium

How courts have described this case

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

• vacating judgment entered pursuant to 12(b)(6) since district court failed either to exclude matters outside the pleadings or to convert the motion to one for summary judgment
• “Factual allegations contained in legal briefs or memoranda are also treated as matters outside the pleading[s] for purposes of Rule 12(b).”
• “Factual allegations contained in legal briefs or memoranda are [ ] treated as matters outside the pleading for purposes of Rule 12(b).”
• “Rule 12(b) gives district courts two options when matters outside the pleadings are presented in response to a 12(b)(6
• “Rule 12(b) gives district courts two options when matters outside the pleadings are presented in response to a 12(b)(6
• “Factual allegations contained in legal briefs or memoranda are . . . treated as matters outside the pleading for purposes of Rule 12(b).”

Source: CourtListener parenthetical corpus (CC0).