Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Housing Authority of St. Louis County v. Lovejoy, 731 S.W.2d 510 (1987)

Citation
Housing Authority of St. Louis County v. Lovejoy, 731 S.W.2d 510 (1987)
Parent Document
Housing Authority of St. Louis County v. Lovejoy, 731 S.W.2d 510 (1987)
Jurisdiction
Missouri (state)
Effective Date
1987-05-26

Full Text

831 chars
. The parties disagree as to whether the trial court sustained a motion to dismiss or a motion for summary judgment. As a consequence, factual assertions are made in the briefs which are not part of the record. We acknowledge that, under some circumstances, a motion to dismiss may be treated as motion for summary judgment. Rule 55.27(b). None of those circumstances are present in this case. There were no supporting affidavits filed and there is no indication that the trial court considered any matters outside the pleadings. Compare Boyer v. Carondelet Sav. & Loan Ass’n., 633 S.W.2d 98, 100 n. 2 (Mo.App.1982). The defendant filed a motion to dismiss. The trial court specified in its order that it was granting defendant’s motion to dismiss. We, therefore, review the trial court's ruling as a ruling on a motion to dismiss.