Legal Opinion
Seibel v. Society Lease, Inc.
District Court, M.D. Florida
Decided June 5, 1997No. 97-27-CIV-FTM-17DPublishedCited by 37 opinions
1Opinion of the Court
ORDER
KOVACHEVICH, District Judge.
This cause of action is before the Court on Defendant’s Motion to Dismiss and/or Strike (Dkts. 7, 8), and Plaintiffs’ Response to Defendant’s Motion to Dismiss and/or Strike (Dkt. 9).
STANDARD OF REVIEW
A complaint should not be dismissed for failure to state a claim unless it appears beyond a doubt that the Plaintiff can prove no set of facts that support a claim for relief. Conley v. Gibson, 355 U.S. 41, 45-6, 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 cited20 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Jenkins v. McKeithenSupreme Court of the United States · 1969
- Karen Renee Augustus, a Minor, by Charles A. Augustus, Her Father, and Next Friend v. The Board of Public Instruction of Escambia County, FloridaCourt of Appeals for the Fifth Circuit · 1962
- Kirksey v. JerniganSupreme Court of Florida · 1950
15 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Duane Montgomery v. Huntington Bank and Silver Shadow Recovery, Inc.Court of Appeals for the Sixth Circuit · 2003
- Naegele v. AlbersDistrict Court, District of Columbia · 2005
- United States v. BaileyDistrict Court, M.D. Florida · 2003
- In Re Checking Account Overdraft LitigationDistrict Court, S.D. Florida · 2010
- Scelta v. Delicatessen Support Services, Inc.District Court, M.D. Florida · 1999
32 more not listed; retrieve them via the Exa API.