Legal Opinion

Watkins v. Hereth

Court of Appeals of Georgia

Decided August 27, 2002No. A02A1709PublishedCited by 2 opinions

1Opinion of the Court

Phipps, Judge.

Robert Watkins filed this pro se action for damages against Colonial Gardens of Warner Robins, LLC and its president Jack Hereth. The trial court dismissed his complaint for failure to state a claim for which relief could be granted, and Watkins appeals. “A motion to dismiss for failure to state a claim should not be sustained unless the allegations of the complaint reveal, with certainty, that plaintiff would not be entitled to relief under any state of provable facts asserted in support thereof.”1 Although numerous issues are raised in the appeal, this case ultimately turns on…

2Cases cited4 opinions

  1. Wometco Theatres Inc. v. United Artists Corp.Court of Appeals of Georgia · 1936
  2. DeKalb County v. StateSupreme Court of Georgia · 1999
  3. FIRST MORTGAGE CORP. v. FelkerCourt of Appeals of Georgia · 1981
  4. Kenimer v. Ward Wight Realty Co.Court of Appeals of Georgia · 1964

3Cited by2 opinions

  1. LaSonde v. Chase Mortgage Co.Court of Appeals of Georgia · 2003
  2. Trip Whatley v. The Ohio National Life Insurance CompanyCourt of Appeals for the Eleventh Circuit · 2021

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