Legal Opinion
McMurtry v. City of Largo
District Court, M.D. Florida
Decided November 10, 1993No. 93-959-Civ-T-17CPublishedCited by 3 opinions
1Opinion of the Court
ORDER ON MOTION TO DISMISS
KOVACHEVICH, District Judge.
This cause comes before the Court on Defendant City of Largo’s motion to dismiss for failure to state a cause of action pursuant to Rule 12(b)(6), Fed.R.Civ.P. The motion was filed July 8, 1993. Response thereto was filed July 23, 1993.
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 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 ruling on a motion to dismiss is…
2Cases cited6 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
- City of Cedartown v. PickettSupreme Court of Georgia · 1942
- Roper v. EdwardsCourt of Appeals for the Eleventh Circuit · 1987
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Jacob McGreevey v. Phh Mortgage CorporationCourt of Appeals for the Ninth Circuit · 2018
- Gordon v. Pete's Auto Service of Denbigh, Inc.District Court, E.D. Virginia · 2012
- Ross v. City of OrlandoDistrict Court, M.D. Florida · 2001