Arthur J. Greif v. Independent Fabrication, Inc.

Summary

The Maine Supreme Judicial Court vacated a judgment dismissing Arthur J. Greif’s breach-of-warranty complaint as barred by the four-year statute of limitations under 11 M.R.S. § 2-725. The court held that the District Court improperly relied on a deposition outside the pleadings in deciding a motion to dismiss without treating the motion as one for summary judgment, and remanded for further proceedings.

Holdings

1. A court may not consider deposition testimony or other matters outside the pleadings on a motion to dismiss unless an applicable exception applies or the parties clearly agree to submit stipulated facts.
2. When matters outside the pleadings are presented to and not excluded by the court, the court must treat the motion as one for summary judgment and provide the parties a reasonable opportunity to present material pertinent to that motion.
3. The cross-appeal concerning the District Court's denial of attorney fees and costs was non-justiciable after the final dismissal judgment was vacated.

Questions Presented

1. Whether a court may consider deposition testimony outside the pleadings when ruling on a Rule 12(b) motion to dismiss without the parties' agreement or stipulation.
2. Whether, when matters outside the pleadings are presented and not excluded, the motion must be treated as one for summary judgment with a reasonable opportunity for the parties to present pertinent material.
3. Whether Independent's cross-appeal concerning attorney fees and costs remained justiciable after the dismissal judgment was vacated.

Disposition

vacated