for a summary judgment in his favor upon all or any part thereof’). Additionally, we look to Rule 1-056(C) NMRA to determine if the district court was precluded from relying on the documents. Rule 1-056(C) states that “[t]he judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Alliance provided Defendants with the documents showing payment from Medicaid in its response to discovery requests. Alliance does not argue that it was not paid by Medicaid. See Elec. Supply Co. v. United States Fid. & Guar. Co., 79 N.M. 722, 725, 449 P.2d 324, 327 (1969) (<HOLDING>). Alliance does not argue that the records are
holding that the essential inquiry in conversion of a rule 12b6 motion to a rule 56 motion is whether the appellant should reasonably have recognized the possibility that the motion might be converted into one for summary judgment or was taken by surprise and deprived of a reasonable opportunity to meet facts outside the pleadings holding that it was not error plain or otherwise for a judge to rely on an unsubstantiated summary of a state indictment contained in the psr to determine that the prior offense was a crime of violence even though the defendant had not admitted that the summary of the indictment was correct holding that denial of motion for summary judgment is interlocutory even though trial judge had stated that there was no just reason for delay because denial of motion for summary judgment was not a final determination of defendants rights and the appeal did not affect defendants substantial rights holding that when there was no surprise and no prejudice defendant was entitled to rely on defense of accord and satisfaction in its summary judgment motion even though it was not included in the pleadings holding there was no claim and no basis for a claim of surprise concerning allegation of a former conviction