Legal Opinion
Cleveland v. Midfirst Bank
Court of Appeals of Georgia
Decided January 25, 2016No. A15A2294PublishedCited by 4 opinions
1Opinion of the Court
Doyle, Chief Judge.
In her suit against MidFirst Bank (“the Bank”) for an allegedly wrongful eviction, Mary Frances Cleveland appeals from the grant of the Bank’s motion to dismiss for failure to state a claim. Cleveland contends that the trial court erred because her verified complaint pleaded provable facts sufficient to support a claim. We agree and reverse.
It is well established that a motion to dismiss for failure to state a claim upon which relief may be granted should not be sustained unless (1) the allegations of the complaint disclose with certainty that the claimant would not be…
2Cases cited4 opinions
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- Higgins v. BENNY'S VENTURE, INC.Court of Appeals of Georgia · 2011
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