Legal Opinion
Columbus-McKinnon Corp. v. Ocean Products Research, Inc.
District Court, M.D. Florida
Decided June 8, 1992No. 92-325-Civ-T-17CPublishedCited by 4 opinions
1Opinion of the Court
ORDER ON MOTION TO DISMISS
KOVACHEVICH, District Judge.
This cause is before the Court on a motion to dismiss complaint filed by Defendant, Ocean Products, on March 23, 1992, and response hereto.
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, 2 L.Ed.2d 80 (1957). A trial court, in ruling on a motion to dismiss, is required to view the complaint in the light most favorable to Plaintiff. Scheuer v. Rhodes, 416 U.S.…
2Cases cited10 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
- United States v. Reliable Transfer Co.Supreme Court of the United States · 1975
- Loose v. Offshore Navigation, Inc.Court of Appeals for the Fifth Circuit · 1982
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3Cited by4 opinions
- Cooper v. Meridian Yachts, Ltd.Court of Appeals for the Eleventh Circuit · 2009
- NOVA Information Systems, Inc. v. Greenwich InsuranceCourt of Appeals for the Eleventh Circuit · 2004
- SOL v. City of MiamiDistrict Court, S.D. Florida · 2011
- Fish Tale Sales & Service, Inc. v. NiceDistrict Court of Appeal of Florida · 2013