First National Bank of Northwest Florida v. Thurman (In Re Thurman)

ORDER ON DEFENDANT’S MOTION TO DISMISS

LEWIS M. KILLIAN, Jr., Bankruptcy Judge.

THIS MATTER is before this court on defendant’s Motion to Dismiss plaintiff’s Complaint for failure to state a claim upon which relief can be granted. The plaintiff subsequently responded to defendant’s mo tion, and a hearing was held on September 20, 1990. During the hearing, it was determined that Count II of plaintiffs complaint stated a cause of action, and thus, defendant’s Motion to Dismiss was denied as it relates to Count II. The issues in Count I were taken under submission and are the subject of this…