Legal Opinion
Fairbanks v. City of Bradenton Beach
District Court, M.D. Florida
Decided September 6, 1989No. 89-644-CIV-T-17(C)PublishedCited by 3 opinions
1Opinion of the Court
ORDER ON MOTION TO DISMISS
KOVACHEVICH, District Judge.
This cause is before the Court on Defendants’ motion to dismiss, filed May 30, 1989, and responses thereto, filed June 30, 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, 101-02, 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 the plaintiff. Scheuer v. Rhodes, 416 U.S. 232, 94…
2Cases cited6 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Florida Industrial Commission v. State Ex Rel. Orange State Oil Co.Supreme Court of Florida · 1945
- STATE, DHRS v. ArtisDistrict Court of Appeal of Florida · 1977
- Florida Medical Ass'n v. SpiresDistrict Court of Appeal of Florida · 1963
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Allocco v. City of Coral GablesDistrict Court, S.D. Florida · 2002
- Bonilla v. City Council of City of ChicagoDistrict Court, N.D. Illinois · 1992
- Ujcic v. City of ApopkaDistrict Court of Appeal of Florida · 1991