Legal Opinion
Swerhun v. General Motors Corp.
District Court, M.D. Florida
Decided March 11, 1992No. 90-932-CIV-T 17BPublishedCited by 2 opinions
1Opinion of the Court
ORDER ON MOTION TO DISMISS FOR FAILURE TO JOIN INDISPENSABLE PARTIES
KOVACHEVICH, District Judge.
This cause is before the Court on Defendant’s motion to dismiss for failure to join an indispensable parties filed on October 24, 1991, response thereto filed November 13, 1991, and request for oral argument filed on October 24, 1991.
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…
2Cases cited10 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Provident Tradesmens Bank & Trust Co. v. PattersonSupreme Court of the United States · 1968
- Ferdinand Henry Schutten v. Shell Oil CompanyCourt of Appeals for the Fifth Circuit · 1970
- Carol H. Pulitzer-Polster v. Samuel C. PulitzerCourt of Appeals for the Fifth Circuit · 1986
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3Cited by2 opinions
- Liberty Mutual Insurance v. Aventura Engineering & Construction Corp.District Court, S.D. Florida · 2008
- Liberty Mut. Ins. v. AVENTURA ENGINEERING & CONST.District Court, S.D. Florida · 2008