Legal Opinion
King v. Gandolfo
District Court, M.D. Florida
Decided June 6, 1989No. 89-398-CIV-T-17(C)PublishedCited by 2 opinions
1Opinion of the Court
ORDER
KOVACHEVICH, District Judge.
This cause is before the Court on Defendant’s motion to dismiss and Plaintiff’s response thereto. Defendant moves to dismiss all counts of Plaintiff’s complaint. Each count is dealt with separately below.
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…
2Cases cited11 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Sedima, S. P. R. L. v. Imrex Co.Supreme Court of the United States · 1985
- United States v. TurketteSupreme Court of the United States · 1981
- Herman Friedlander, Etc., Cross-Appellees v. Jerry C. Nims, Timex Corporation, Cross-AppellantCourt of Appeals for the Eleventh Circuit · 1985
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3Cited by2 opinions
- In Re Rospatch Securities LitigationDistrict Court, W.D. Michigan · 1991
- Atlantis Group, Inc. v. Rospatch Corp.District Court, W.D. Michigan · 1991