Legal Opinion
Everdell v. Preston
District Court, M.D. Florida
Decided August 9, 1989No. 89-624-CIV-T-17(C)PublishedCited by 6 opinions
1Opinion of the Court
ORDER ON MOTIONS TO DISMISS
KOVACHEVICH, District Judge.
This cause is before the Court on Defendants’ motions to dismiss the claims of the estate of Marian P. Darling and to dismiss the claims of Eleanore D. Everdell, filed May 25, 1989; memoranda in support of the motions, filed June 1, 1989; and responses thereto, filed June 22, 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, 2 L.Ed.2d 80 (1957). A trial…
2Cases cited6 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Flight Equipment & Engineering Corp. v. SheltonSupreme Court of Florida · 1958
- Goodman v. PolandDistrict Court, D. Maryland · 1975
- Biltmore Motor Corp. v. RoqueDistrict Court of Appeal of Florida · 1974
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Small Business Administration v. EchevarriaDistrict Court, S.D. Florida · 1994
- Jernberg v. MannCourt of Appeals for the First Circuit · 2004
- Federal Deposit Insurance v. StahlDistrict Court, S.D. Florida · 1993
- Tropical Exploration Corp. v. McCoy (In Re McCoy)United States Bankruptcy Court, M.D. Florida · 1990
- Williams v. Northern Trust BankDistrict Court, M.D. Florida · 1993
1 more not listed; retrieve them via the Exa API.