Legal Opinion
Carlson v. Estes
Court of Appeals of Minnesota
Decided July 3, 1990No. C9-90-189PublishedCited by 15 opinions
1Opinion of the Court
OPINION
KALITOWSKI, Judge.
Appellants challenge the trial court’s dismissal of Counts I, II, III, IV, V and VII of their third-party complaint for failure to state a claim for which relief can be granted under Minn.R.Civ.P. 12.02(5).
FACTS
The only question for our review in examining a dismissal of a complaint for failure to state a claim upon which relief can be granted is whether the complaint sets forth a legally sufficient claim for relief; it is immaterial whether or not the party against whom dismissal is sought can prove any of the facts alleged. Royal Realty Co. v. Leven, 244 Minn. 288,…
2Cases cited8 opinions
- Elzie v. Commissioner of Public SafetySupreme Court of Minnesota · 1980
- Royal Realty Co. v. LevinSupreme Court of Minnesota · 1955
- Anderson v. KammeierSupreme Court of Minnesota · 1977
- Flynn v. SawyerSupreme Court of Minnesota · 1978
- Material Movers, Inc. v. HillSupreme Court of Minnesota · 1982
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Whitney Nat. Bank v. RockwellSupreme Court of Louisiana · 1995
- Consolidation Services, Inc. v. Keybank National Association and KeycorpCourt of Appeals for the Seventh Circuit · 1999
- FIRST NAT. BANK IN STAUNTON v. McBride Chevrolet, Inc.Appellate Court of Illinois · 1994
- Pima Financial Service Corp. v. SelbyColorado Court of Appeals · 1991
- Brenowitz v. Central Nat. BankDistrict Court of Appeal of Florida · 1992
10 more not listed; retrieve them via the Exa API.