Legal Opinion
Boczar v. Manatee Hospitals & Health Systems, Inc.
District Court, M.D. Florida
Decided February 21, 1990No. 88-1867-CIV-T-17BPublishedCited by 11 opinions
1Opinion of the Court
ORDER ON DEFENDANTS’ MOTION TO DISMISS AND MOTION TO STRIKE
KOVACHEVICH, District Judge.
This cause is before the Court on Defendants’ motion to dismiss and motion to strike filed May 3, 1989. Responses thereto were filed May 24, 1989.
A complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the 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…
2Cases cited26 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Lugar v. Edmondson Oil Co.Supreme Court of the United States · 1982
- Griggs v. Duke Power Co.Supreme Court of the United States · 1971
- Sedima, S. P. R. L. v. Imrex Co.Supreme Court of the United States · 1985
21 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- National Gear & Piston, Inc. v. Cummins Power Systems, LLCDistrict Court, S.D. New York · 2012
- BCB Anesthesia Care, Ltd. v. Passavant Memorial Area Hospital Ass'nCourt of Appeals for the Seventh Circuit · 1994
- Minnesota Ass'n of Nurse Anesthetists v. Unity HospitalDistrict Court, D. Minnesota · 1998
- Fletcher v. State of Fla.District Court, M.D. Florida · 1994
- Tucci v. Smoothie King Franchises, Inc.District Court, M.D. Florida · 2002
6 more not listed; retrieve them via the Exa API.