(Download) "Cruz V. Middlekauff Lincoln-Mercury" by Supreme Court Of Utah # Book PDF Kindle ePub Free

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Title: Cruz V. Middlekauff Lincoln-Mercury
Author : Supreme Court Of Utah
Release Date : January 10, 1996
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 67 KB

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We granted defendant Middlekauff Lincoln-Mercury, Inc.'s petition for interlocutory appeal after the trial court denied its motion to dismiss plaintiffs' complaint for failure to state a claim upon which relief can be granted. Utah R.Civ.P. 12(b)(6). The propriety of a trial court's decision to grant or deny a motion to dismiss under rule 12(b)(6) is a question of law that we review for correctness. St. Benedict's Dev. Co. v. St. Benedict's Hosp., 811 P.2d 194, 196 (Utah 1991). In reviewing the trial court's ruling, we accept the factual allegations in the complaint as true and draw all reasonable inferences from those facts in a light most favorable to plaintiffs. Roark v. Crabtree, 893 P.2d 1058, 1059-60 (Utah 1995) (citing Prows v. State, 822 P.2d 764, 766 (Utah 1991); St. Benedict's Dev. Co., 811 P.2d at 196). We recite the facts accordingly.