Legal Opinion

Universal Underwriters Insurance Company v. Body Parts of America, Inc.

District Court of Appeal of Florida

Decided August 28, 2017No. CASE NO. 1D16-4426PublishedCited by 1 opinion

1Per curiam

Appellant appeals the trial court’s final order dismissing its. Second Amended Complaint for failure to state a cause of action. In deciding the propriety of this order, we are “held” to the following, well-established principles of review:

“The primary purpose of a motion- to dismiss is to request the trial court to determine whether the complaint properly states a cause of action upon which relief can be granted and, if it does not, to enter an order of dismissal. Provence v. Palm Beach Taverns, Inc., 676 So.2d 1022 (Fla. 4th DCA 1996). In making this determination, the trial court must…

2Cases cited6 opinions

  1. Fox v. Professional Wrecker Operators of Florida, Inc.District Court of Appeal of Florida · 2001
  2. Provence v. Palm Beach Taverns, Inc.District Court of Appeal of Florida · 1996
  3. City of Gainesville v. STATE, DOTDistrict Court of Appeal of Florida · 2001
  4. Cintron v. Osmose Wood Preserving, Inc.District Court of Appeal of Florida · 1996
  5. Sobi v. Fairfield Resorts, Inc.District Court of Appeal of Florida · 2003

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3Cited by1 opinion

  1. Carolyn Banks v. Alachua County School BoardDistrict Court of Appeal of Florida · 2019

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