Legal Opinion

Coronado v. BankAtlantic Bancorp, Inc.

District Court, S.D. Florida

Decided January 22, 1997No. 96-7115-CIVPublished

1Opinion of the Court

ORDER

GONZALEZ, District Judge.

THIS CAUSE has come before the Court for review pursuant to the defendant’s motion to dismiss, filed November 15, 1996.

When considering a motion to dismiss, a court must first accept all of the plaintiffs allegations as true. Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 1687, 40 L.Ed.2d 90 (1974); Thomas v. Burlington Industries, Inc., 769 F.Supp. 368, 370 (S.D.Fla.1991). A court should not grant a motion to dismiss unless the plaintiff can prove no set of facts in support of his claim entitling him to relief. Conley v. Gibson, 355 U.S. 41, 45-46, 78…

2Cases cited4 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Thomas v. Burlington Industries, Inc.District Court, S.D. Florida · 1991
  4. Lopez v. First Union National BankDistrict Court, S.D. Florida · 1996

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