Riggs Nat. Bank of Washington DC v. Freeman
District Court, S.D. Florida
1Opinion of the Court
ORDER ON MOTION TO DISMISS
HOEVELER, District Judge.
THIS CAUSE came for consideration upon Defendant, Freeman’s, Motion to Dismiss Counts VII and VIII of Plaintiff’s Second Amended Complaint. A court may not grant a motion to dismiss a complaint unless it appears beyond doubt that plaintiff can prove no set of facts in support of his claim that would entitle him to relief. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957). The material allegations of the complaint are taken as true, and are liberally construed in plaintiffs favor. See, e.g., St. Joseph’s Hosp. v.…
2Cases cited8 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Atlantic Nat. Bank of Florida v. VestDistrict Court of Appeal of Florida · 1985
- Angel, Cohen & Rogovin v. Oberon Inv., NVSupreme Court of Florida · 1987
- Adams v. ChenowithDistrict Court of Appeal of Florida · 1977
- Drawdy v. SappDistrict Court of Appeal of Florida · 1978
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3Cited by2 opinions
- Brooks v. ZebreWyoming Supreme Court · 1990
- Brooks v. ZebreWyoming Supreme Court · 1990