N.C. Gen. Stat. § 1A-1

Rule 63 limits a substitute judge to ministerial acts implementing a decision already made; the substitute judge cannot enter a decision that the presiding judge never reduced to writing.

In Re Savage · filed 2004-03-02Rule 63

The function of a substitute judge under this rule is “ministerial rather than judicial.” ... Because the orders terminating Ms. Coffey’s parental rights were not signed by the presiding judge, we must vacate those orders.

Rule 63 authorizes another judge to enter a required posttrial opinion when the trial judge has retired.

Springs v. City of Charlotte · filed 2012-08-07

Plaintiff counters, and we agree, that N.C. Gen. Stat. § 1A-1, Rule 63 (2011) authorizes another judge, such as Judge Caldwell, to enter the Section ID-50 opinion.

Rule 63 authorizes a substitute judge to perform the court’s duties on remand when the original judge’s term has expired.

In re: J.M. · filed 2020-12-31Rule 63

Rule 63 thus authorized Judge Rhinehart “to perform the duties to be performed by the court” when the case returned to the district court on remand.

Rule 63 does not authorize a substitute judge to sign an order when doing so requires findings and conclusions the presiding judge never made.

In re: R.P. & X.P. · filed 2021-03-16(2)

Rendering and entering judgment was more than a ministerial task. Judge Martelle was without authority to sign the adjudication and disposition orders and the orders are a “nullity.”

The Rules of Civil Procedure allow a substitute judge to sign and enter an order ministerially after the original judge retires, but the substitute judge cannot make findings of fact or conclusions of law without presiding over the matter.

In re E.D.H. · filed 2022-06-17

One of “the duties to be performed by the court under these rules,” N.C.G.S. § 1A-1, Rule 63, is finding the facts, stating the conclusions of law, and directing the entry of judgment pursuant to Rule 52. Thus, this Court has interpreted Rules 52 and 63 together to provide that a substitute judge cannot find facts or state conclusions of law in a matter over which he or she did not preside. ... Conversely, and respondent concedes, if Judge Houston made the findings of fact and conclusions of law that appear in the order before retiring and Chief Judge Byrd did nothing more than put his signature on the order and enter it ministerially, the order is valid.

Rule 12(b)(6) permits a motion challenging the sufficiency of a complaint as late as trial on the merits.

Mitchell v. Mitchell · filed 1971-08-04Rule 12(b)(6)

If defendant’s motion was to test the sufficiency of the complaint, a motion under G.S. 1A-1, Rule 12(b) (6) was the proper motion, and this is one of the defenses listed in Rule 12(b) which can be made by motion as late as at the trial on the merits.

Rule 12 permits a failure-to-state-a-claim defense through trial, but generally does not permit a party to raise it for the first time on appeal after trial.

Dale v. Lattimore · filed 1971-09-15Rule 12(h)(2)

Unquestionably, a motion to dismiss for failure to state a claim upon which relief may be granted, under Rule 12(b) (6), can be made as late as trial upon the merits. However, we are of the opinion that, as a general rule, the motion comes too late on appeal.

A Rule 12(b)(6) motion cannot be raised for the first time on appeal.

Collyer v. Bell · filed 1971-11-17Rule 12(b)(6)

A motion under G.S. 1A-1, Rule 12 (b) (6) cannot be raised for the first time on appeal.

A motion to dismiss for failure to state a claim cannot be raised for the first time on appeal.

Jones v. SATTERFIELD DEVELOPMENT COMPANY · filed 1972-09-20Rule 12(b)(6)

The question of whether a motion to dismiss an action for failure to state a claim upon which relief can be granted can for the first time be raised on appeal was answered in the negative by Morris, Judge, speaking for this court in the recent case of Dale v. Lattimore, 12 N.C. App. 348, 183 S.E. 2d 417 (1971), cert. den. 279 N.C. 619, 184 S.E. 2d 113. No useful purpose would be served by repeating what was said there. The assignment of error is overruled.

Rule 12(b)(6) allows a motion supported by matters outside the pleadings to be treated as a Rule 56 summary judgment motion when the parties have a reasonable opportunity to present pertinent material.

Smith v. Smith · filed 1973-02-21Rule 12(b)(6)

We hold that, treating the defendant’s motion to dismiss as having been made pursuant to Rule 12(b) (6), the trial court properly considered matters off the face of the record, gave the parties reasonable opportunity to present all material pertinent to a disposition of the case by summary judgment, Rule 56, and properly treated the motion as one for summary judgment, disposing of the case on its merits.

Rule 12(b)(6) permits dismissal when a contract attached to the complaint shows that the plaintiff has no claim for relief.

Aydin Corp. v. International Telephone & Telegraph Corp. · filed 1975-04-16Rule 12(b)(6)

The sole question presented by this appeal is whether, on the basis of the complaint and attached sublease, the plaintiff has stated a claim upon which the trial court can grant relief. G.S. 1A-1, Rule 12(b)(6). ... Construing the sublease in accordance with these general principles of contract construction, we are of the opinion that the court was correct in dismissing the complaint. ... Thus, from a reading of the contract, which is made part of the complaint, it is clear that defendant sublessee was within its rights in terminating the sublease.

Rule 12(b)(6) permits dismissal when an agreement that is part of the complaint discloses a defense defeating the claim.

Smith v. Ford Motor Company · filed 1975-06-04Rule 12(b)(6)

In the case at bar, the preincorporation agreement constitutes part of the complaint, and discloses a defense which defeats the claim.

Rule 12(b)(6) permits dismissal only when the complaint affirmatively shows that the plaintiff has no cause of action.

Mazzucco v. North Carolina Board of Medical Examiners · filed 1976-10-06(b)(6)

The defendants’ motion under G.S. 1A-1, Rule 12(b)(6) to dismiss for failure of the complaint to state a claim upon which relief can be granted will only be allowed when, under former practice, a demurrer would have been sustained because the complaint affirmatively discloses that the plaintiff had no cause of action against the defendant.

Rule 12(b)(6) requires dismissal when the complaint lacks supporting law, omits an essential fact, or reveals a fact that defeats the claim.

Mozingo v. North Carolina National Bank · filed 1976-10-20(b)(6)

Rule 12(b) (6) provides that a complaint must be dismissed when on its face it appears that no law supports it, that some fact essential to it is missing, or that some disclosed fact necessarily defeats it.

Rule 12(b)(6) permits a court to dismiss a complaint that fails to state a claim upon which relief can be granted.

Church v. Madison County Board of Education · filed 1976-12-15(b)(6)

In the instant case, the plaintiff had not exhausted her administrative remedies before resorting to the courts. We therefore conclude that the trial court’s dismissal pursuant to G.S. 1A-1, Rule 12(b) (6) was proper and the judgment appealed from is Affirmed.

Rule 12(b)(6) requires allegations in a complaint to be taken as true when reviewing a motion to dismiss for failure to state a claim.

Dockery v. Lampart Table Co. · filed 1978-05-16(b)(6)

As the defendant made the motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6), for failure to state a claim upon which relief can be granted, the allegations of the complaint must be taken as true for purposes of this appeal.

Rule 12(b)(6) tests whether a pleading is legally sufficient to state a cause of action, and the same test applies when a motion is styled as summary judgment under Rule 56.

McKinney Drilling Co. v. Nello L. Teer Co. · filed 1978-11-07(b)(6)

We note that defendant denominated his motion which was granted in the trial court as one for summary judgment pursuant to G.S. 1A-1, Rule 56. He moved that the court grant judgment in his favor as a matter of law in that “Plaintiff has failed to state a claim for tortious interference with the performance of its contract.” Although in the form of a motion for summary judgment, the test is the same as on a motion to dismiss under G.S. 1A-1, Rule 12(b)(6). ... “The test on a motion to dismiss for failure to state a claim is whether the pleading is legally sufficient” to state a cause of action.

Rule 12(b)(6) permits dismissal of an action when the complaint fails to state a claim for relief.

Eutaw Shopping Center, Inc. v. Glenn · filed 1978-12-0512(b)(6)

Nor should the court have granted the motion to dismiss the action pursuant to G.S. 1A-1, Rule 12(b)(6).

Rule 12(b)(6) permits dismissal when a complaint on its face shows that the claim is barred by the statute of limitations.

Federal Deposit Insurance v. Loft Apartments Ltd. Partnership · filed 1979-01-1612(b)(6)

When the complaint discloses on its face that plaintiff’s claim is barred by the statute of limitations, such defect may be taken advantage of by a motion to dismiss under Rule 12(b)(6).

Rule 12(b)(6) requires dismissal when a complaint fails to state a claim upon which relief can be granted, and a complaint stating a viable claim with sufficient notice can withstand the motion.

Presnell v. Pell · filed 1979-02-06(b)(6)

For purposes of a motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6) for failure to state a claim upon which relief can be granted, the allegations of the complaint must be treated as true. Smith v. Ford Motor Co., 289 N.C. 71, 221 S.E. 2d 282 (1976). A complaint is sufficient to withstand the motion to dismiss where no insurmountable bar to recovery on the claim alleged appears on the face of the complaint and the allegations contained therein are sufficient to give the defendant sufficient notice of the nature and basis of the plaintiff’s claim to enable him to answer and prepare for trial. Sutton v. Duke, 277 N.C. 94, 176 S.E. 2d 161 (1970). A plaintiff’s claim for relief should not be dismissed unless it affirmatively appears that the plaintiff is entitled to no relief under any state of facts which could be presented in support of the claim. Newton v. Insurance Co., 291 N.C. 105, 229 S.E. 2d 297 (1976). Viewed in light of these rules, we find that the plaintiff’s claim for relief for defamation was sufficient to withstand the defendants’ motion to dismiss made pursuant to G.S. 1A-1, Rule 12(b)(6) and that the trial court erred in granting that motion.

Rule 12(b)(6) permits dismissal when a complaint lacks legal support, alleges insufficient facts, or discloses a fact that defeats the claim.

Kinlaw v. Long Mfg. N. C., Inc. · filed 1979-04-17Rule 12(b)(6)

A complaint may be dismissed on motion filed under Rule 12(b)(6) if it is clearly without merit; such lack of merit may consist of an absence of law to support a claim of the sort made, absence of facts sufficient to make a good claim, or the disclosure of some fact which will necessarily defeat the claim.

Rule 12(b)(6) permits dismissal when a complaint clearly lacks the law or facts needed to support its claim.

GASP v. Mecklenburg County · filed 1979-07-03Rule 12(b)(6)

A complaint may be dismissed if it is clearly without merit, and this want of merit may consist in an absence of law to support a claim of the sort made, or absence of facts sufficient to make a good claim.

Under Rule 12(b)(6), a complaint should be dismissed only when no facts that could be proved in support of the claim would entitle the plaintiff to relief.

Carolina Builders Corp. v. AAA Dry Wall, Inc. · filed 1979-11-06Rule 12(b)(6)

Plaintiff assigns as error the order dismissing, pursuant to Rule 12(b)(6), G.S. § 1A-1, both its claims for relief. The sufficiency of a claim to withstand a motion to dismiss is tested by its success or failure in setting out a state of facts which, when liberally considered, would entitle plaintiff to some relief. If it appears to a certainty that no state of facts which could be proved in support of the claim would so entitle plaintiff, the complaint should be dismissed.

A complaint withstands a Rule 12(b)(6) motion when no insurmountable bar to recovery appears on its face and its allegations adequately identify the claim.

Presnell v. Pell · filed 1979-12-04Rule 12(b)(6)

A complaint is deemed sufficient to withstand a motion to dismiss under Rule 12(b)(6) where no insurmountable bar to recovery appears on the face of the complaint and the complaint’s allegations give adequate notice of the nature and extent of the claim.

Rule 12(b)(6) permits dismissal of an independent complaint seeking to set aside a facially valid judgment when relief must be sought by motion in the original cause.

Hassell v. Wilson · filed 1980-01-08Rule 12(b)(6)

The result is: The judgment of involuntary dismissal as to the plaintiffs’ action is vacated, and the matter is remanded to the Superior Court for the entry of an Order dismissing the complaint pursuant to Rule 12(b)(6), G.S. § 1A-1.

Rule 12(b)(6) allows a complaint to survive dismissal when its allegations state a claim for relief.

Yates v. City of Raleigh · filed 1980-04-15Rule 12(b)(6)

In our opinion, the plaintiff’s complaint, when considered in light of the foregoing principles of substance and procedure, clearly states a claim for relief sufficient to survive a motion to dismiss under Rule 12(b)(6).

A Rule 12(b) motion for failure to state a claim is decided on the pleadings; an injury asserted only in a brief does not supply a missing complaint allegation.

Wilkes v. North Carolina State Board of Alcoholic Control · filed 1980-01-08Rule 12(b)

Whatever may be the merits of this claim of unconstitutionality, we find no allegation of it in the complaint. Motions to dismiss for failure to state a claim for relief are determined on the basis of the pleadings. G.S. 1A-1, Rule 12(b). The mere incorporation by reference of Chapter 1138 into plaintiffs’ complaint is not an allegation that plaintiff Sloan is injured by Sec. 2 of the act, which makes unlawful the sale of mixed beverages to those under 21.

Rule 12(b)(6) governs a motion challenging whether a complaint states a claim upon which relief may be granted.

State v. Fayetteville Street Christian School · filed 1980-02-01Rule 12(b)(6)

We note that the first two grounds asserted by defendants in support of their motion to dismiss clearly serve to attack the legal sufficiency of the state’s complaint to set forth a claim upon which relief may be granted. As to these grounds, defendants’ motion is properly characterized as one under G.S. 1A-1, Rule 12(b)(6).

Rule 12(b)(6) allows a court that dismisses a claim for failure to state a claim to treat a pending summary judgment motion against the claimant as moot.

United Leasing Corp. v. Miller · filed 1980-03-04Rule 12(b)(6)

When a court decides to dismiss an action pursuant to G.S. 1A-1, Rule 12(b)(6), of the Rules of Civil Procedure, any pending motion for summary judgment against the claimant may be treated as moot, and therefore, need not be decided.

When only the complaint is before the trial court, a motion for summary judgment is treated as a Rule 12(b)(6) motion to dismiss.

Whitfield v. Winslow · filed 1980-08-05Rule 12(b)(6)

As there were no materials before the trial court other than plaintiffs complaint, we shall treat defendant’s motion as if it were a motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6).

Rule 12(b)(6) tests the legal sufficiency of a complaint, not the facts supporting it.

State Ex Rel. Gilchrist v. Hurley · filed 1980-08-29Rule 12(b)(6)

It must be remembered that the function of a motion to dismiss pursuant to G.S. § 1A-1, Rule 12(b)(6), is to test the legal sufficiency of the complaint, not the facts which support it.

Rule 12(b)(6) permits dismissal when the complaint shows no legal basis for the claim, omits an essential fact, or alleges a fact that defeats the claim.

Schloss Outdoor Advertising Co. v. City of Charlotte · filed 1980-12-16Rule 12(b)(6)

A complaint should not be dismissed under G.S. 1A-1, Rule 12(b)(6), for failure to state a claim unless plaintiff can prove no set of facts in support of his claim which would entitle him to relief. ... The only times, then, when dismissal is proper are: (1) when the complaint on its face reveals that no law supports plaintiff’s claim; (2) when the complaint reveals on its face that some fact essential to plaintiff’s claim is missing; and (3) when some fact disclosed in the complaint defeats the plaintiff’s claim.

Rule 12(b)(6) permits dismissal when a complaint lacks legal or factual support, or reveals a fact that necessarily defeats the claim.

Forbis v. Honeycutt · filed 1981-01-06Rule 12(b)(6)

A complaint may be dismissed on motion filed under Rule 12 (b) (6) if it is clearly without merit; such lack of merit may consist of an absence of law to support a claim of the sort made, absence of fact sufficient to make a good claim, or the disclosure of some fact which will necessarily defeat the claim.

Rule 12(b)(6) permits dismissal when the law provides no basis for the claim alleged.

Noell v. Winston · filed 1981-04-07Rule 12(b)(6)

If there is an absence of law to support a claim of the sort made, the complaint is properly dismissed pursuant to Rule 12(b)(6).

Rule 12(b)(6) permits dismissal when the complaint fails to state a legally sufficient claim; a motion may be treated under that rule even if it does not cite it.

Murray v. Allstate Insurance · filed 1981-03-03Rule 12(b)(6)

Defendant did not mention or refer to G.S. 1A-1, Rule 12(b)(6) of the Rules of Civil Procedure in its motion to dismiss. It does not appear that the trial court considered any matters outside the pleadings, and we therefore treat defendant’s motion as a Rule 12(b)(6) motion. Such a motion tests the legal sufficiency of plaintiffs’ claim for punitive damages.

Rule 12(b)(6) allows a complaint to survive dismissal when its allegations give the defendant notice of the claim and reveal no insurmountable bar to recovery.

Stanley v. Stanley · filed 1981-03-17Rule 12(b)(6)

A complaint is sufficient to withstand a motion to dismiss pursuant to N.C. Gen. Stat. § 1A-1, Rule 12(b)(6) for failure to state a claim upon which relief can be granted where no insurmountable bar to recovery on the claim alleged appears on the face of the complaint and the allegations contained therein are sufficient to give the defendant sufficient notice of the nature and basis of the plaintiffs claim to enable him to answer and prepare for trial.

A Rule 12(b)(6) motion is treated according to its substance even when the notice or judgment mistakenly labels it a judgment on the pleadings.

Harrell v. Whisenant · filed 1981-09-01Rule 12(b)(6)

The motion was, in fact, a motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Rule 12(b)(6). The effect of the judgment is to treat it as such, and the label “judgment on the pleadings” which was inadvertently entered in the notice and the judgment could not have prejudiced plaintiff. A motion is properly treated according to its substance rather than its label.

Rule 12(b)(6) does not permit dismissal for failure to state a claim when no want of merit appears on the face of the complaint.

Rawls v. Lampert · filed 1982-07-20Rule 12(b)(6)

No “want of merit” appears on the face of the complaint, and the trial judge erred in ruling that the complaint fails to state a claim for relief.

Rule 12(b)(6) permits dismissal of some claims in a complaint even when other claims survive.

Morrow v. Kings Department Stores, Inc. · filed 1982-05-04Rule 12(b)(6)

It appears the clear intent of the rule to permit dismissal of some claims without requiring dismissal of all.

Rule 12(b)(6) permits dismissal when the complaint alleges a fact that necessarily defeats its claim.

Sunbow Industries, Inc. v. London · filed 1982-09-07Rule 12(b)(6)

The defendant’s motion to dismiss the complaint was properly allowed under G.S. 1A-1, Rule 12(b)(6) if the complaint has pled a fact that will necessarily defeat its claim. ... The complaint does not allege a fact that will necessarily bar the plaintiffs claim and it was error to dismiss the action.

Rule 12(b)(6) permits dismissal of a complaint that fails to state a claim upon which relief can be granted.

Andresen v. Eastern Realty Co. · filed 1983-01-18Rule 12(b)(6)

A G.S. 1A-1, Rule 12(b)(6) motion is a proper vehicle for dismissing a complaint when it fails to state a claim upon which relief can be granted.

Rule 12(b)(6) permits dismissal when an unconditional affirmative defense apparent from the complaint defeats the claim.

Brown v. Miller · filed 1983-09-06Rule 12(b)(6)

Therefore, if the complaint discloses an unconditional affirmative defense which defeats the claim asserted, it will be dismissed.

Rule 12(b)(6) applies the same pleading sufficiency standard to counterclaims as to complaints.

Chrysler Credit Corp. v. Rebhan · filed 1984-02-07Rule 12(b)(6)

The rules regarding the sufficiency of a complaint to withstand a Rule 12(b)(6) motion are equally applicable to a claim for relief presented in a counterclaim by the defendant.

Rule 12(b)(6) tests whether a pleading states a legally sufficient claim and permits dismissal when the law provides no remedy for the alleged wrong.

Oates v. Jag, Inc. · filed 1984-02-07Rule 12(b)(6)

The only issue presented for review is whether the trial court properly allowed the motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6). This motion tests whether the pleading is legally sufficient. ... Restated, a motion to dismiss for failure to state a claim is properly granted when it appears that the law does not recognize the plaintiffs’ cause of action or provide a remedy for the wrong alleged.

Rule 12(b)(6) permits dismissal when the complaint pleads a fact that necessarily defeats its claim.

Black v. Littlejohn · filed 1984-03-20Rule 12(b)(6)

Defendant's motion to dismiss the complaint was properly allowed under G.S. 1A-1, Rule 12(b)(6) if the complaint has pled a fact that will necessarily defeat its claim.

Rule 12(b)(6) requires dismissal of a declaratory judgment action when there is no basis for declaratory relief or the complaint alleges no actual, existing controversy.

Gaston Board of Realtors, Inc. v. Harrison · filed 1984-06-05Rule 12(b)(6)

When the record shows that there is no basis for declaratory relief, or the complaint does not allege an actual, genuine existing ... controversy, a motion for dismissal under G.S. 1A-1, Rule 12(b)(6) will be granted.

Rule 12(b)(6) requires a complaint to give sufficient notice of the claim and allege the elements of a legally recognized claim.

Vinson v. McManus ex rel. McManus · filed 1984-06-05Rule 12(b)(6)

In order to prevent dismissal under G.S. 1A-1, Rule 12(b)(6), “a party must (1) give sufficient notice of the events on which the claim is based to enable the adverse party to respond and prepare for trial, and (2) ‘state enough to satisfy the substantive elements of at least some legally recognized claim. . . .’ (Citations omitted.)”

Rule 12(b)(6) does not permit dismissal when the complaint’s allegations may support a set of facts entitling the plaintiff to relief.

Lessard v. Lessard · filed 1984-06-05Rule 12(b)(6)

We do not believe that from the allegations in the complaint that it clearly appears that plaintiff can prove no set of facts which will entitle her to relief. For this reason the action should not have been dismissed under G.S. 1A-1, Rule 12(b)(6).

Rule 12(b)(6) does not warrant dismissal for contributory negligence when the record does not establish it as a bar to recovery.

Jenkins v. Wheeler · filed 1984-06-19Rule 12(b)(6)

On this record, we cannot say that her contributory negligence, if any, was such as to warrant dismissal under N.C. Gen. Stat. § 1A-1, Rule 12(b)(6) (1983).

Rule 12(b)(6) requires a complaint to allege a legally recognized claim and give defendants sufficient notice of the events giving rise to it.

Jennings v. Lindsey · filed 1984-08-07Rule 12(b)(6)

Since defendants’ motion is essentially one under G.S. 1A-1, Rule 12(b)(6), to dismiss plaintiffs’ complaint for failure to state a claim for relief, the issues before the court are whether the complaint alleges the elements of at least some legally recognized claim and whether it provides sufficient notice of the events giving rise to the claim to enable the defendants to understand and respond to it.

Rule 12(b)(6) applies the same standard for failure to state a claim to counterclaims as to complaints.

Barnaby v. Boardman · filed 1984-09-04Rule 12(b)(6)

A counterclaim is substantially the allegations of a cause of action on the part of the defendant against the plaintiff. Therefore, these rules regarding the sufficiency of a complaint to withstand a motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6), for failure to state a claim upon which relief can be granted, are equally applicable to a claim for relief by a defendant in a counterclaim.

Rule 12(b)(6) permits dismissal when the complaint discloses an unconditional affirmative defense that defeats the claims.

Skinner v. EF Hutton & Co., Inc. · filed 1984-10-02Rule 12(b)(6)

Since the complaint discloses this unconditional affirmative defense, we hold the trial court properly granted the defendants' Rule 12(b)(6) motion with regard to the plaintiffs' claims for stock losses and margin call.

Rule 12(b)(6) tests a pleading’s legal sufficiency, treating its allegations as true.

Miller v. Henderson · filed 1984-11-20Rule 12(b)(6)

The only purpose of a Rule 12(b)(6) motion is to test the legal sufficiency of the pleading against which it is directed. ... In deciding such a motion the trial court is to treat the allegations of the pleading it challenges as true.

Rule 12(b)(6) dismissal is proper when it is certain that no facts provable in support of the claim would entitle the plaintiff to relief.

Cathy's Boutique v. WINSTON-WINSTON-SALEM JOINT VENTURE · filed 1985-02-05(b)(6)

The scope of our review of a Rule 12(b)(6) motion is to determine whether “ ‘it appears to a certainty that plaintiff is entitled to no relief under any state of facts which could be proved in support of the claim.’ ”

Rule 12(b)(6) dismissal is improper when unresolved questions about a claimed privilege leave open a basis for relief.

Boston v. Webb · filed 1985-03-05Rule 12(b)(6)

We hold that defendant Webb’s Rule 12(b)(6) motion was improperly granted precisely because the public’s interest in the matter and Webb’s right to relay it as he did remains to be determined.

Rule 12(b)(6) permits dismissal for failure to state a claim only when the complaint shows that the plaintiff can prove no set of facts entitling him to relief.

Briggs v. Rosenthal · filed 1985-04-02Rule 12(b)(6)

The sole issue before us is whether the trial judge erred in dismissing plaintiffs’ complaint pursuant to G.S. 1A-1, Rule 12(b)(6). A complaint should not be dismissed for failure to state a claim, unless it appears beyond doubt that plaintiff can prove no set of facts which would entitle him to relief.

A prior appeal reversing summary judgment because factual issues remain does not require dismissal under Rule 12(b)(6); it does not decide the claim’s merits.

Southland Associates Realtors, Inc. v. Miner · filed 1985-03-05Rule 12(b)(6)

The prior appeal establishes only that plaintiff was not entitled to summary judgment; it did not establish that plaintiff was not entitled to present its evidence with regard to the disputed issues. The “law of the case” doctrine does not apply. ... Therefore, the trial court properly denied defendants’ Rule 12(b)(6) motion to dismiss.

On appeal from a Rule 12(b)(6) dismissal, the complaint’s allegations must be treated as true.

Mastrom, Inc. v. Continental Casualty Co. · filed 1985-12-1712(b)(6)

We reach this result even under the liberal treatment we give to plaintiffs’ allegations, i.e., that the allegations of their complaint must be treated as true on appeal of a ... judgment of dismissal under G.S. 1A-1, R. Civ. P. 12(b)(6).

On a Rule 12(b)(6) motion, the complaint’s allegations are taken as true.

Badger v. Benfield · filed 1985-12-17Rule 12(b)(6)

In considering a motion made pursuant to G.S. 1A-1, Rule 12(b)(6), the allegations of the complaint are to be taken as true.

After a case proceeds to judgment on the merits, a defendant may not appeal the denial of a Rule 12(b)(6) motion based on an alleged failure to state a claim.

Concrete Service Corp. v. Investors Group, Inc. · filed 1986-03-18Rule 12(b)(6)

When following denial of the motion the court has proceeded to the merits and the fact-finder has found they support the claim, whether the initial ruling was technically correct becomes insignificant. ... We therefore hold that the denial of defendant’s motion to dismiss is not properly presented by this appeal.

A superior court judge may not grant a Rule 12(b)(6) motion that another superior court judge previously denied for the same moving party.

Jenkins v. Wheeler · filed 1986-06-17Rule 12(b)(6)

The superior court erred in granting a 12(b)(6) motion after the moving party’s previous 12(b)(6) motion had been denied by another superior court judge.

Rule 12(b)(6) requires the court to decide whether the complaint's allegations state a claim for which relief may be granted.

Stikeleather v. Willard · filed 1986-10-07Rule 12(b)(6)

The motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6) tests the sufficiency of the complaint. In ruling on the motion the court must determine, as a matter of law, whether the allegations state a claim for which relief may be granted.

Rule 12(b)(6) requires the court to view the complaint’s allegations in the plaintiff’s favor and determine whether they state a claim for relief on any theory.

Ford v. Peaches Entertainment Corp. · filed 1986-10-21Rule 12(b)(6)

A motion to dismiss for failure to state a claim upon which relief may be granted under G.S. 1A-1, Rule 12(b)(6) is addressed to whether the facts alleged in the complaint, when viewed in the light most favorable to the plaintiffs, give rise to a claim for relief on any theory.

Rule 12(b)(6) requires a complaint to give notice of the events behind the claim and allege the elements of a recognized claim.

Fox v. Wilson · filed 1987-04-21Rule 12(b)(6)

In order to withstand a motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6), the complaint must provide sufficient notice of the events and circumstances from which the claim arises, and must make allegations sufficient to satisfy the substantive elements of at least some recognized claim.

Rule 12(b)(6) tests the legal sufficiency of a complaint.

Harris v. NCNB National Bank of North Carolina · filed 1987-05-19(b)(6)

A motion to dismiss made pursuant to G.S. 1A-1, Rule 12(b)(6) tests the legal sufficiency of the complaint.

Rule 12(b)(6) does not permit dismissal when a complaint sufficiently alleges the elements of negligence and shows no insurmountable bar to recovery on its face.

Stewart v. Allison · filed 1987-06-02(b)(6)

The sole issue on appeal is whether the complaint alleges such conduct by the defendants as to constitute negligence and withstand defendants’ motion to dismiss under N.C.G.S. § 1A-1, Rule 12(b)(6). ... Plaintiffs’ allegations sufficiently allege duty of ordinary care, violation of the duty of care, foreseeability of injurious consequences, and proximate cause of injuries. The face of the amended complaint shows no insurmountable bar to recovery.

Rule 12(b)(6) allows a complaint to withstand dismissal when no insurmountable bar to recovery appears on its face and its allegations give adequate notice of the claim.

Leonard v. Pugh · filed 1987-06-16Rule 12(b)(6)

A complaint is deemed sufficient to withstand a motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6) where no insurmountable bar to recovery appears on the face of the complaint and the complaint’s allegations give adequate notice of the nature and extent of the claim.

After a case proceeds to judgment on the merits, an unsuccessful movant cannot obtain appellate review of the denial of a motion to dismiss for failure to state a claim.

Drain v. United Services Life Insurance Co. · filed 1987-04-07Rule 12(b)(6)

that where an unsuccessful motion to dismiss is grounded on an alleged insufficiency of the facts to state a claim for relief, and the case thereupon proceeds to judgment on the merits, the unsuccessful movant may not on an appeal from the final judgment seek review of the denial of the motion to dismiss. ... Therefore, in conformity with our prior decision on this question, we overrule defendant’s first assignment of error.

Under Rule 12(b)(6), dismissal is proper when no facts provable in support of the complaint would entitle the plaintiffs to relief.

Britt v. North Carolina State Board of Education · filed 1987-07-07Rule 12(b)(6)

Where it is clear from the complaint that, under any set of facts which could be proved in support of their claim, plaintiffs are not entitled to any relief, the motion to dismiss is properly granted.

Rule 12(b)(6) permits dismissal for failure to state a claim only when the plaintiff cannot obtain relief under any facts that could be proved in support of the claim.

St. Paul Fire & Marine Insurance Co. v. Freeman-White Associates, Inc. · filed 1987-07-21Rule 12(b)(6)

Under Sutton v. Duke, 277 N.C. 94, 176 S.E. 2d 161 (1970), and its progeny, a motion to dismiss a complaint for failure to state a claim upon which relief can be granted, pursuant to G.S. 1A-1, Rule 12(b)(6) of the Rules of Civil Procedure, should not be granted unless it appears to a certainty that plaintiff is not entitled to relief under any statement of facts which could be proved in support of the claim.

Rule 12(b)(6) permits dismissal for failure to state a claim; citing Rules 12(b)(1) and (2) instead causes no prejudice when dismissal is proper under Rule 12(b)(6).

Thompson Cadillac-Oldsmobile, Inc. v. Silk Hope Automobile, Inc. · filed 1987-11-03Rule 12(b)(6)

We find the complaint subject to dismissal under Rule 12(b)(6) for failure to state a claim upon which relief would be granted. The trial court’s having erroneously stated in its order as a basis for dismissal Rules 12(b)(1) and 12(b)(2) worked no prejudice to the plaintiff.

Rule 12(b)(6) does not warrant dismissal when a complaint alleges facts sufficient to support fraud and negligent misrepresentation claims.

Powell v. Wold · filed 1987-12-15Rule 12(b)(6)

In summary, we find the plaintiffs’ complaint makes allegations sufficient to withstand the defendants’ Rule 12(b)(6) motion on the claims of fraud and negligent misrepresentation.

Rule 12(b)(6) requires a court to treat complaint allegations as true and decide whether they state a claim under a recognized legal theory.

Matthews v. Johnson Publishing Co. · filed 1988-04-05Rule 12(b)(6)

It is a familiar rule of law that when considering a 12(b)(6) motion to dismiss, the court must treat the allegations of the complaint as true, and determine whether they are sufficient to establish a claim under some recognized legal theory.

Rule 12(b)(6) permits dismissal only when it is certain that no facts proved in support of the claim could entitle the plaintiff to relief.

St. Paul Fire & Marine Insurance v. Freeman-White Associates, Inc. · filed 1988-04-06Rule 12(b)(6)

A motion to dismiss a complaint for failure to state a claim upon which relief can be granted, pursuant to N.C.G.S. § 1A-1, Rule 12(b)(6) of the Rules of Civil Procedure, should not be granted unless it appears to a certainty that the plaintiff is entitled to no relief under any state of facts which could be proved in support of the claim.

Rule 12(b)(6) permits dismissal when a complaint’s own allegations defeat its claim.

Raritan River Steel Co. v. Cherry, Bekaert & Holland · filed 1988-05-05Rule 12(b)(6)

Raritan thus pleads facts which defeat its claim for negligent misrepresentation and render this claim dismissible under Rule 12(b)(6).

Rule 12(b)(6) requires dismissal when no facts that could be proven would entitle the plaintiff to relief.

Peoples Security Life Insurance v. Hooks · filed 1988-05-05Rule 12(b)(6)

A claim should be dismissed under Rule 12(b)(6) where it appears that the plaintiff is entitled to no relief under any statement of facts which could be proven.

Rule 12(b)(6) requires dismissal when a complaint pleads facts that necessarily defeat the claim or requests relief not authorized by law.

Becton v. George · filed 1988-06-21Rule 12(b)(6)

Where a complaint pleads facts that will necessarily defeat the claim or request relief not authorized by law, the claim must be dismissed.

Rule 12(b)(6) requires a claim to show no insurmountable bar to recovery and to give the adverse party notice of the events underlying it.

Piedmont Ford Truck Sale, Inc. v. City of Greensboro · filed 1988-07-19Rule 12(b)(6)

To be legally sufficient, a claim must show on its face that there is no insurmountable bar to recovery and that the pleadings give the adverse party notice of the events giving rise to the claim so that the party understands the nature of the claim and is able to answer the allegations in the complaint and prepare for trial.

Rule 12(b)(6) permits dismissal when the plaintiff could obtain no relief under any facts provable in support of the claim.

Town of Beech Mountain v. County of Watauga · filed 1988-08-02Rule 12(b)(6)

Where it appears to a certainty that plaintiffs are entitled to no relief under any state of facts which could be proved in support of the claim, dismissal for failure to state a claim upon which relief can be granted is proper.

Rule 12(b)(6) tests the legal sufficiency of a complaint.

Von Hagel v. Blue Cross & Blue Shield · filed 1988-08-02Rule 12(b)(6)

A motion to dismiss for failure to state a claim under G.S. 1A-1, Rule 12(b)(6) is the proper method for testing the legal sufficiency of a complaint.

Rule 12(b)(6) requires courts to take a complaint’s allegations as true when deciding whether it states a claim.

Williams v. Hillhaven Corp. · filed 1988-08-02Rule 12(b)(6)

Taking this allegation as true as required by Rule 12(b)(6), there is still no nexus on the face of the complaint to link that education as a condition of obtaining or maintaining full-time employment with defendant.

Rule 12(b)(6) requires the complaint’s allegations to be taken as true when reviewing a dismissal for failure to state a claim.

Coman v. Thomas Manufacturing Co. · filed 1988-09-20Rule 12(b)(6)

As the defendant made the motion pursuant to G.S. 1A-1, Rule 12(b)(6) for failure to state a claim on which relief can be granted, the allegations of the complaint set forth above must be taken as true for purposes of this appeal.

A complaint withstands a Rule 12(b)(6) motion if it gives sufficient notice of the claim’s circumstances and alleges the elements of a recognized claim.

Peele v. Provident Mutual Life Insurance · filed 1988-06-07Rule 12(b)(6)

In order to withstand a motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6), the complaint must provide sufficient notice of the events and circumstances from which the claim arises, and must make allegations sufficient to satisfy the substantive elements of at least some recognized claim.

A complaint withstands a Rule 12(b)(6) motion if its face shows no insurmountable bar to recovery and its allegations give notice of the claim.

Telephone Services, Inc. v. General Telephone Co. of the South · filed 1988-11-15Rule 12(b)(6)

A complaint is sufficient to withstand a motion to dismiss for failure to state a claim upon which relief can be granted if no insurmountable bar to recovery appears from the face of the complaint and the allegations give notice of the nature of the claim.

Rule 12(b)(6) tests whether a pleading is legally sufficient, treating its allegations as true.

Warren v. Colombo · filed 1989-03-07Rule 12(b)(6)

The trial court dismissed plaintiff's claims under G.S. 1A-1, Rule 12(b)(6) for failure to state a claim upon which relief can be granted. The test on a motion under this rule is whether the pleading is legally sufficient, and the trial court must treat the allegations of the challenged pleading as true.

Rule 12(b)(6) tests the legal sufficiency of a complaint, with its allegations treated as true.

Hajmm Co. v. House of Raeford Farms, Inc. · filed 1989-06-06Rule 12(b)(6)

The standard of review for the granting of defendants' N.C.Gen.Stat. § 1A-1, Rule 12(b)(6) motion requires us to test the legal sufficiency of plaintiff's claim. The allegations in plaintiff's complaint are treated as true.

On a Rule 12(b)(6) motion to dismiss, the complaint’s factual allegations are deemed admitted.

Harwood v. Johnson · filed 1988-12-20Rule 12(b)(6)

For the purpose of passing upon a motion to dismiss for failure to state a claim upon which relief can be granted, G.S. 1A-1, Rule 12(b)(6), the factual allegations of the complaint are deemed admitted.

Rule 12(b)(6) does not permit dismissal when the facts alleged support relief under any legal theory.

Smith v. Nationwide Mutual Fire Insurance · filed 1989-11-07Rule 12(b)(6)

A claim should not be dismissed pursuant to Rule 12(b)(6) when the facts alleged give rise to a claim for relief on any theory.

Rule 12(b)(6) asks whether a liberally construed complaint states a claim for relief under any legal theory.

North Carolina Eastern Municipal Power Agency v. Wake County · filed 1990-12-04Rule 12(b)(6)

Under N.C. Gen. Stat. § 1A-1, Rule 12(b)(6) (1983), the question is whether the complaint, liberally construed, states a claim upon which relief may be granted under any legal theory.

Rule 12(b)(6) permits dismissal only when the complaint affirmatively shows that the plaintiff has no cause of action.

Estridge v. Ford Motor Co. · filed 1991-02-19Rule 12(b)(6)

A motion to dismiss for failure to state a claim upon which relief can be granted should not be allowed unless the complaint affirmatively shows that plaintiff has no cause of action.

Rule 12(b)(6) permits dismissal when no provable facts could entitle the plaintiff to relief.

Garvin v. City of Fayetteville · filed 1991-03-05Rule 12(b)(6)

A claim should be dismissed under Rule 12(b)(6) where it appears that plaintiff is entitled to no relief under any statement of facts which could be proven; this will occur when there is a want of law to support a claim of the sort made, an absence of facts sufficient to make a good claim, or the disclosure of some fact which will necessarily defeat the claim.

Rule 12(b)(6) permits dismissal for failure to state a claim, and matters outside the pleadings can require treatment as a summary judgment motion under Rule 56.

Runyon v. Paley · filed 1991-06-18(b)(6)

The trial court’s dismissal of the plaintiffs’ first claim was proper pursuant to Rule 12(b)(6). Regardless of its label, if the order was intended as partial summary judgment, we note that the order would be proper pursuant to N.C. Gen. Stat. § 1A-1, Rule 56 (1990).

Rule 12(b)(6) asks whether a complaint, liberally construed, states a claim for relief under any legal theory.

Hart v. Ivey · filed 1991-05-07Rule 12(b)(6)

Under N.C.Gen.Stat. § 1A-1, Rule 12(b)(6) (1983), the question is whether the complaint, liberally construed, states a claim upon which relief may be granted under any theory.

Rule 12(b)(6) permits dismissal when the complaint reveals that no law supports the claim, lacks facts sufficient to make a good claim, or contains facts that defeat the claim.

Amos v. Oakdale Knitting Co. · filed 1991-05-07(b)(6)

Dismissal under Rule 12(b)(6) is proper when any one of the following conditions is satisfied: “(1) when the complaint on its face reveals that no law supports plaintiff’s claim; (2) when the complaint on its face reveals the absence of fact sufficient to make a good claim; (3) when some fact disclosed in the complaint necessarily defeats plaintiff’s claim.”

Rule 12(b)(6) permits dismissal when a pleading fails to state a claim upon which relief can be granted.

Coastal Leasing Corp. v. O'NEAL · filed 1991-06-1812(b)(6)

In order to survive a Rule 12(b)(6) motion, O’Neal needed only to have alleged facts that stated a claim under some cognizable legal theory.

The Rules of Civil Procedure prevent an unsuccessful movant from seeking appellate review of a denied motion to dismiss for insufficient facts after the case proceeds to judgment on the merits.

Shingledecker v. Shingledecker · filed 1991-08-20(b)(6)

[WJhere an unsuccessful motion to dismiss is grounded on an alleged insufficiency of the facts to state a claim for relief, and the case thereupon proceeds to judgment on the merits, the unsuccessful movant may not on an appeal from the final judgment seek review of the denial of the motion to dismiss.

Rule 12(b)(6) permits dismissal when the complaint's allegations, treated as true, do not state a claim for relief under any legal theory.

Hull v. Oldham · filed 1991-09-03(b)(6)

The first issue on appeal is whether the trial court erred in granting defendants’ motions to dismiss plaintiffs’ negligence claims pursuant to N.C. Gen. Stat. § 1A-1, Rule 12(b)(6) (1990). Where a motion to dismiss is made pursuant to Rule 12(b)(6), “[t]he question for the court is whether, as a matter of law, the allegations of the complaint, treated as true, are sufficient to state a claim upon which relief may be granted under some legal theory, whether properly labeled or not.”

Rule 12(b)(6) requires dismissal when the plaintiff is entitled to no relief under any facts that could support the claim.

Ballance v. Rinehart · filed 1992-01-21(b)(6)

A claim should be dismissed under N.C.G.S. § 1A-1, Rule 12(b)(6) (1990), where “it appears that the plaintiff is entitled to no relief under any state of facts which could be proved in support of the claim.”

Rule 12(b)(6) permits dismissal when a claim fails to state a claim upon which relief can be granted.

Northside Station Associates Partnership v. Maddry · filed 1992-02-18(b)(6)

As such, it states a claim upon which relief can be granted, and the dismissal of this cause of action under Rule 12(b)(6) was error.

A Rule 12(b)(6) dismissal operates as an adjudication on the merits unless the court specifies that it is without prejudice.

Hoots v. Pryor · filed 1992-06-16Rule 12(b)(6)

A dismissal under Rule 12(b)(6) operates as an adjudication on the merits unless the court specifies that the dismissal is without prejudice.

Rule 12(b)(6) permits dismissal when a complaint fails to state a claim upon which relief can be granted.

Doe ex rel. Connolly v. Holt · filed 1992-07-17Rule 12(b)(6)

In the present case, the defendant’s rapes and sexual abuses of his two minor daughters certainly constituted “willful and malicious acts” against them. Therefore, the plaintiffs’ complaint alleged a proper claim for relief and should not have been dismissed under Rule 12(b)(6).

Rule 12(b)(6) tests whether the complaint's allegations, taken as true, are legally sufficient to state a recognized claim.

Dunleavy v. YATES CONST. CO., INC. · filed 1992-05-05Rule 12(b)(6)

A motion to dismiss under Rule 12(b)(6) tests the legal sufficiency of the complaint by presenting “the question whether, as a matter of law, the allegations of the complaint, treated as true, are sufficient to state a claim upon which relief can be granted under some [recognized] legal theory.”

Rule 12(b)(6) permits dismissal when the complaint itself shows no supporting law, insufficient facts, or a fact that defeats the claim.

Andrews v. Elliot · filed 1993-03-02Rule 12(b)(6)

Dismissal under Rule 12(b)(6) is proper when on its face the complaint reveals either no law supports the plaintiff’s claim or the absence of fact sufficient to make a good claim, or when some fact disclosed in the complaint necessarily defeats the plaintiff’s claim.

Rule 12(b)(6) tests whether a complaint states a claim upon which relief can be granted.

Kuder v. Schroeder · filed 1993-06-01Rule 12(b)(6)

A motion to dismiss pursuant to N.C.Gen.Stat. § 1A-1, Rule 12(b)(6) tests the sufficiency of a complaint to state a claim upon which relief can be granted.

Rule 12(b)(6) requires courts to treat a complaint’s allegations as true and consider whether they state a claim under any legal theory, regardless of how the claim is labeled.

Driver v. Burlington Aviation, Inc. · filed 1993-06-15Rule 12(b)(6)

The question presented by a motion to dismiss is whether, as a matter of law, the allegations of the complaint, treated as true, are sufficient to state a claim upon which relief may be granted under some legal theory, whether properly labeled or not.

Rule 12(b)(6) permits dismissal when a complaint fails to state a claim, lacks sufficient supporting facts or law, or is defeated by known facts.

Adams Outdoor Advertising of Charlotte v. North Carolina Department of Transportation · filed 1993-09-2112(b)(6)

A motion to dismiss pursuant to N.C. Gen. Stat. § 1A-1, Rule 12(b)(6) (1990), challenges the sufficiency of the complaint to state a claim upon which relief can be granted. Dismissal under Rule 12(b)(6) is proper if no law exists to support the claim, if sufficient facts to make out a good claim are absent, or if there are known facts which necessarily defeat the claim.

Rule 12(b)(6) permits dismissal for failure to state a claim for which relief can be granted.

Bardolph v. Arnold · filed 1993-10-05Rule 12(b)(6)

The allegations and the pleadings indicate that neither of these factors are present in the instant case, therefore, dismissal was proper pursuant to N.C.G.S. § 1A-1, Rule 12(b)(6), for failure to state a claim for which relief can be granted.

Rule 12(b)(6) requires the court to treat the complaint's allegations as true when reviewing a pretrial dismissal for failure to state a claim.

Sorrells v. M.Y.B. Hospitality Ventures · filed 1993-10-08(b)(6)

As this case was dismissed prior to trial pursuant to N.C.G.S. § 1A-1, Rule 12(b)(6), we must treat the allegations of the complaint as true.

Rule 12(b)(6) tests whether a complaint is sufficient to state a claim upon which relief can be granted.

Poston v. Poston · filed 1993-12-07Rule 12(b)(6)

A motion to dismiss under N.C. Gen. Stat. § 1A-1, Rule (12)(b)(6) tests the sufficiency of a complaint to state a claim upon which relief can be granted.

Rule 12(b)(6) tests whether a complaint states a legally sufficient claim for relief, taking its allegations as true.

Brandis v. Lightmotive Fatman, Inc. · filed 1994-06-0712(b)(6)

Here, we conclude that plaintiff’s complaint alleged an action for fraud with sufficient particularity and taking plaintiff’s allegations as true, we hold that the action for fraud as alleged in the complaint was sufficient to withstand defendant’s G.S. 1A-1, Rule 12(b)(6) motion to dismiss.

Rule 12(b)(6) permits dismissal when a complaint fails to state a claim upon which relief can be granted.

Gunter v. Anders · filed 1994-06-21(b)(6)

Based on Fields v. Board of Education, Clary v. Board of Education, and Presnell v. Pell, we find the trial court properly dismissed the complaint herein as to the Board pursuant to North Carolina General Statutes § 1A-1, Rule 12(b)(6).

Rule 12(b)(6) permits dismissal when the complaint does not allege an actual, genuine existing controversy or there is no basis for declaratory relief.

Leeuwenburg v. Waterway Investment Ltd. Partnership · filed 1994-07-19(b)(6)

When the record shows that there is no basis for declaratory relief, or the complaint does not allege an actual, genuine existing controversy, a motion for dismissal under G.S. § 1A-1, Rule 12(b)(6) will be granted.

Rule 12(b)(6) requires courts reviewing a pretrial dismissal to treat the complaint's allegations as true.

Hickman by and Through Womble v. McKoin · filed 1994-07-2912(b)(6)

Because this case was dismissed prior to trial pursuant to N.C.G.S. § 1A-1, Rule 12(b)(6) (1990), it is clear under North Carolina law that we must treat the allegations of the complaint as true.

On a Rule 12(b)(6) motion to dismiss, the court must take the complaint’s allegations as true.

Regan v. Amerimark Building Products, Inc. · filed 1995-03-21Rule 12(b)(6)

For the purposes of reviewing a Rule 12(b)(6) motion to dismiss, the allegations in the complaint must be taken as true.

Rule 12(b) permits a motion to dismiss before pleading; filing that motion does not admit the complaint’s allegations.

Godwin v. Walls · filed 1995-04-04Rule 12(b)

Moreover, Walls filed his motion to dismiss prior to pleading in accordance with the provisions of N.C. Gen. Stat. § 1A-1, Rule 12(b) (1990), and hence has made no response to, much less admitted, plaintiffs’ allegations.

Rule 12(b)(6) requires dismissal when the complaint shows no law supporting the claim, insufficient facts to support it, or facts that defeat it.

Pastva v. Naegele Outdoor Advertising, Inc. · filed 1996-03-05Rule 12(b)(6)

A complaint must be dismissed pursuant to Rule 12(b)(6): when one or more of the following three conditions is satisfied: (1) when on its face the complaint reveals no law supports plaintiff's claim; (2) when on its face the complaint reveals the absence of fact sufficient to make a good claim; and (3) when some fact disclosed in the complaint necessarily defeats plaintiff's claim.

Rule 12(b)(6) asks whether allegations treated as true state a claim for relief under any legal theory, even if the claim is mislabeled.

Tise v. Yates Const. Co., Inc. · filed 1996-06-04Rule 12(b)(6)

The question presented to the court by a Rule 12(b)(6) motion is whether, as a matter of law, the allegations of the pleading, treated as true, are sufficient to state a claim upon which relief may be granted under some legal theory, whether properly labeled or not.

Rule 12(b)(6) requires the court to take the complaint’s allegations as true and determine whether they state a claim under any legal theory.

Parker v. Turner · filed 1996-05-07Rule 12(b)(6)

Upon a 12(b)(6) motion to dismiss for failure to state a claim, the issue for the trial court is whether, as a matter of law, the allegations of the plaintiff’s complaint, taken as true, are sufficient to state a claim upon which relief may be granted under any legal theory. ... In sum, plaintiff’s complaint does not allege facts sufficient, to state a claim for breach of duty or negligence on the part of defendants.

Rule 12(b)(6) requires a complaint to be liberally construed and permits dismissal only when the plaintiff could prove no facts entitling them to relief.

Hyde v. Abbott Laboratories, Inc. · filed 1996-08-20Rule 12(b)(6)

In ruling upon a Rule 12(b)(6) motion, the complaint is to be liberally construed, and should not be dismissed “unless it appears to a certainty that plaintiff is entitled to ho relief under any state of facts which could be proved in support of the claim.”

A statute of limitations defense supports dismissal on the pleadings only when the complaint contains all facts needed to establish the bar, construed in the plaintiff's favor.

Russell v. Adams · filed 1997-03-18Rule 12(b)(6)

The facts necessary to support Dr. Adams' statute of limitation plea are therefore not contained in the complaint and dismissal of the action on this basis cannot be sustained.

Rule 12(b)(6) tests whether the complaint’s alleged facts, viewed in the light most favorable to the plaintiff, support relief on any theory.

McAllister v. Khie Sem Ha · filed 1997-05-20Rule 12(b)(6)

“A motion to dismiss for failure to state a claim upon which relief maybe granted under [N.C.Gen. Stat. § 1A-1, Rule 12(b)(6) (1990)] is addressed to whether the facts alleged in the complaint, when viewed in the light most favorable to the plaintiffs, give rise to a claim for relief on any theory.”

Rule 12(b)(6) permits dismissal when an insurmountable bar to recovery appears on the face of the complaint.

Al-Hourani v. Ashley · filed 1997-06-17Rule 12(b)(6)

A complaint is not sufficient to withstand a motion to dismiss if an insurmountable bar to recovery appears on the face of the complaint.

Rule 12(b)(6) tests whether a complaint states a legally sufficient claim.

Claggett v. Wake Forest University · filed 1997-07-01Rule 12(b)(6)

The purpose of a Rule 12(b)(6) motion is to test the legal sufficiency of the complaint.

Rule 12(b)(6) tests whether a complaint states a legally sufficient cause of action.

Perry v. Carolina Builders Corp. · filed 1997-12-16Rule 12(b)(6)

A 12(b)(6) motion challenges whether a complaint states a legally sufficient cause of action.

Rule 12(b)(6) tests whether a complaint, taking its allegations as true, states a legally sufficient claim.

McCarn v. Beach · filed 1998-01-20Rule 12(b)(6)

The standard of review on a motion to dismiss involves a determination of whether, as a matter of law, the complaint, treating its allegations as true, is sufficient to state a claim upon which relief may be granted. ... The complaint fails to state a claim against the defendants in their individual capacities as there are no allegations of malice, corruption, or that the officers were acting outside the scope of their official authority.

Rule 12(b)(6) allows a medical malpractice claim to proceed when the complaint gives the defendant notice of the claim and reveals no insurmountable bar to recovery.

McAllister v. Ha · filed 1998-03-06Rule 12(b)(6)

Therefore, we hold that plaintiffs have stated a claim for medical malpractice sufficient to survive a motion to dismiss pursuant to N.C.G.S. § 1A-1, Rule 12(b)(6).

Rule 12(b)(6) permits dismissal when the complaint shows on its face that the applicable statutes of limitations bar recovery.

Robertson v. City of High Point · filed 1998-03-17Rule 12(b)(6)

The face of the complaint disclosed an insurmountable bar to recovery in that the complaint was filed after the applicable statutes of limitations had run.

Rule 12(b)(6) permits dismissal on statute-of-limitations grounds when the face of the complaint shows the claim is barred.

Liptrap v. City of High Point · filed 1998-01-20Rule 12(b)(6)

The statute of limitations may provide the basis for dismissal on a motion pursuant to N.C. Gen. Stat. § 1A-1, Rule 12(b)(6) if the face of the complaint establishes that plaintiff’s claim is barred.

On a motion to dismiss, the court treats the plaintiffs' factual allegations as true.

Stone v. North Carolina Department of Labor · filed 1998-02-06Rule 12(b)(6)

Because these claims arise upon defendants' motions to dismiss, we treat plaintiffs' factual allegations, which follow, as true.

Rule 9(j) permits a medical malpractice complaint to proceed when the plaintiff reasonably expected the reviewing witness to qualify under Rule 702, even if the witness is later disqualified.

Trapp v. MacCioli · filed 1998-04-07Rule 9(j)

The disqualification of a Rule 9(j) witness under Rule 702 does not necessarily require the dismissal of the pleadings. The question under Rule 9(j) instead is whether it was “reasonably expected” that the witness would qualify under Rule 702.

On a motion to dismiss under Rules 12(b)(1) and (6), the court treats the plaintiff’s factual allegations in an affidavit before the Industrial Commission as true.

Hunt v. North Carolina Department of Labor · filed 1998-05-08Rule 12(b)(1), (6)

This appeal is before us based on defendant's motion to dismiss for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted, N.C. R. Civ. P. 12(b)(1), (6); [1] thus, we treat plaintiff's factual allegations contained in his affidavit before the Industrial Commission as true.

Rule 12(b)(6) permits dismissal on statute-of-limitations grounds when the bar appears on the face of the complaint.

State Ex Rel. Long v. Petree Stockton, L.L.P. · filed 1998-05-19Rule 12(b)(6)

It is also proper under a Rule 12(b)(6) motion to determine whether the applicable statute of limitations bars the plaintiff's claims if such bar appears on the face of the complaint.

On a Rule 12(b)(6) motion, a court may consider a trust indenture referred to in the complaint without converting the motion to one for summary judgment.

Scott v. United Carolina Bank · filed 1998-08-04Rule 12(b)(6)

In the present case, however, the trial court could properly consider the trust indenture referred to in plaintiff’s complaint without expanding the scope of the hearing to one for summary judgment.

When reviewing a dismissal under Rule 12(b)(6), the court must treat the complaint’s allegations as true.

Werner v. Alexander · filed 1998-08-04Rule 12(b)(6)

In our review of the trial court’s dismissal of this action pursuant to N.C. Gen. Stat. § 1A-1, Rule 12(b)(6), we must consider the allegations of the plaintiffs’ complaint as true.

A Rule 12(b)(6) motion is treated as a motion for summary judgment when the court considers materials outside the pleadings.

Jackson Ex Rel. Robinson v. a Woman's Choice, Inc. · filed 1998-08-18Rule 12(b)(6)

In ruling upon the motions, however, the trial court considered various affidavits submitted by the parties, as well as the deposition of defendant Washington. ... Therefore, we treat the trial court’s order dismissing plaintiffs’ claims as one granting summary judgment in favor of defendants and apply the standard of review applicable thereto.

Rule 9(j)'s expert review pleading requirement does not apply to ordinary negligence in manually transferring a patient from an examination table to a wheelchair.

Lewis v. Setty · filed 1998-08-18(j)

It was not necessary, therefore, for plaintiff to specifically comply with Rule 9(j) and the dismissal must be reversed.

A plaintiff need not serve notice of a Rule 9(j) filing extension when the order does not require service, no complaint has been filed, and the motion may be heard ex parte.

Timour v. Pitt County Memorial Hospital, Inc. · filed 1998-12-01Rule 9(j); Rule 5(a)

Accordingly, plaintiff was not required to serve notice of the filing extension on defendant and consequently, plaintiff’s action was timely filed.

Rule 12(b)(6) allows dismissal when the pleading lacks a sufficient legal or factual basis for relief or reveals a fact that defeats the claim.

Deerman v. Beverly California Corp. · filed 1999-09-21(b)(6)

In reviewing the grant of a Rule 12(b)(6) motion, we must consider whether plaintiff was entitled to relief “under any state of facts which could be presented in support of the claim.” Barnaby v. Boardman, 70 N.C. App. 299, 302, 318 S.E.2d 907, 909 (1984), rev’d on other grounds, 313 N.C. 565, 330 S.E.2d 600 (1985). Further, the complaint must be liberally construed, Dixon v. Stuart, 85 N.C. App. 338, 340, 354 S.E.2d 757, 758 (1987), and all well-pleaded allegations therein taken as true, Sutton v. Duke, 277 N.C. 94, 98, 176 S.E.2d 161, 163 (1970). A Rule 12(b)(6) motion should be granted only if the pleading at issue “fails to allege a sufficient legal or factual basis for the claim, or reveals a fact which necessarily defeats the claim.” Wilmoth v. State Farm Mut. Auto Ins. Co., 127 N.C. App. 260, 261, 488 S.E.2d 628, 630, disc. review denied, 347 N.C. 410, 494 S.E.2d 601 (1997).

Rule 9(j) permits a resident judge to extend the time to file a medical malpractice complaint by up to 120 days when good cause and the ends of justice support the extension, and the motion may be heard ex parte.

Webb v. NASH HOSPITALS, INC. · filed 1999-06-159(j)

Moreover, because the motion to extend the time to file the complaint may be heard ex parte, it falls within the Rule 5 exception to the service requirement.

Rule 12(b)(6) permits a lack of standing to be challenged by a motion to dismiss for failure to state a claim.

Energy Investors Fund, L.P. v. Metric Constructors, Inc. · filed 2000-03-03(b)(6)

A lack of standing may be challenged by motion to dismiss for failure to state a claim upon which relief may be granted.

Rule 12(b)(6) permits dismissal when no law supports the claim, facts are insufficient to state a claim, or the facts necessarily defeat the claim.

Hargrove v. Billings & Garrett, Inc. · filed 2000-05-02(b)(6)

“ ‘A complaint may be dismissed pursuant to Rule 12(b)(6) if no law exists to support the claim made, if sufficient facts to make out a good claim are absent, or if facts are disclosed which will necessarily defeat the claim.’ ”

Rule 12(b)(6) allows dismissal when a complaint is legally insufficient, while treating its factual allegations as true.

Peacock v. Shinn · filed 2000-08-15(b)(6)

A motion to dismiss a complaint pursuant to G.S. § 1A-1, Rule 12(b)(6) challenges the legal sufficiency of the complaint, taking all of its factual allegations as true.

Rule 9(j)(1) requires a medical malpractice complaint to assert that the care was reviewed by a person reasonably expected to qualify as an expert witness under Rule 702 and willing to testify that the care failed the applicable standard.

Allen v. Carolina Permanente Medical Group, P.A. · filed 2000-08-01(j)(1)

Therefore, we hold that plaintiff could not have reasonably believed that Dr. Smith would qualify as an expert witness in this case, thus “the trial court was required to dismiss” plaintiff’s cause of action.

Rule 12(b)(6) generally bars dismissal unless the complaint's face discloses an insurmountable bar to recovery.

Allen v. Ferrera · filed 2000-12-29(b)(6)

N.C. Gen. Stat. § 1A-1, Rule 12(b)(6) (1999) “ ‘generally precludes dismissal except in those instances where the face of the complaint discloses some insurmountable bar to recovery.’ ” Sutton v. Duke, 277 N.C. 94, 102, 176 S.E.2d 161, 166 (1970) (citation omitted).

Rule 12(b)(6) requires dismissal when a cause of action fails to state a claim upon which relief can be granted.

Filmar Racing, Inc. v. Stewart · filed 2001-01-0212(b)(6)

Under Rule 12(b)(6) of the Rules of Civil Procedure, a cause of action should be dismissed if it fails “to state a claim upon which relief can be granted.” G.S. § 1A-1, Rule 12(b)(6) (1999).

Rule 12(b)(6) permits dismissal when the plaintiff is entitled to no relief under any facts that could be proven.

George v. Administrative Office of the Courts · filed 2001-03-20Rule 12(b)(6)

Under Rule 12(b)(6), a claim should not be dismissed unless it appears beyond doubt that plaintiff is entitled to no relief under any set of facts which could be proven.

Rule 12(b)(6) tests whether a complaint alleges a legally sufficient claim, including the necessary elements of that claim.

Simms v. Prudential Life Insurance Co. of America · filed 2000-11-07Rule 12(b)(6)

A motion to dismiss pursuant to Rule 12(b)(6) tests the legal sufficiency of a complaint. ... Thus, in the case at bar, where plaintiffs’ claim is one of negligent misrepresentation, plaintiffs’ complaint must have addressed each of the necessary elements of that claim.

Rule 12(b)(6) allows dismissal when a complaint fails to state a claim upon which relief may be granted, based on whether the allegations treated as true suffice under some legal theory.

Block v. County of Person · filed 2000-12-29(b)(6)

On a motion to dismiss pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure, the standard of review is “whether, as a matter of law, the allegations of the complaint, treated as true, are sufficient to state a claim upon which relief may be granted under some legal theory.”