Legal Opinion
In Re the Complaint of Boca Grande Club, Inc.
District Court, M.D. Florida
Decided June 6, 1989No. 88-1636-CIV-T-17(A)PublishedCited by 4 opinions
1Opinion of the Court
ORDER ON MOTION TO DISMISS
KOVACHEVICH, District Judge.
This cause is before the Court on motions to dismiss complaint, filed May 11, 1989, by Claimants Allen S. Polackwich, as personal representative of the Estate of Robert Polackwich and Stephanie Polack-wich, as personal representative of the Estate of Jonathan Richards; and response thereto, filed on May 23, 1989.
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 that would entitle him to relief. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-102,…
2Cases cited11 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Joyce St. Hilaire Moye v. Emmett Henderson and Doris CollinsCourt of Appeals for the Eighth Circuit · 1974
- Gibboney v. WrightCourt of Appeals for the Fifth Circuit · 1975
- Lewis Charters, Inc. v. Huckins Yacht Corporation, Ocean Entertainment, Inc.Court of Appeals for the Eleventh Circuit · 1989
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3Cited by4 opinions
- Keys Jet Ski, Inc. v. KaysCourt of Appeals for the Federal Circuit · 1990
- Keys Jet Ski, Inc. v. KaysCourt of Appeals for the Eleventh Circuit · 1990
- In re the Complaint of MyersDistrict Court, W.D. New York · 1989
- In re the Complaint of Seawise, Inc.District Court, M.D. Florida · 1997