motion to dismiss breach of contract florida

1989) (stating that a court, when ruling on a 12(b) (6) motion to dismiss, should view the plaintiff's allegations as true and not inquire into the truth or sincerity of those allegations, a matter better handled on a motion for summary judgment). Board of Education of Escambia County, Alabama, 880 F.2d 305, 314-15 (11th Cir.

The Court must also accept the plaintiff's well-pleaded facts as true and construe the complaint in the light most favorable to the plaintiff.

Rule 12(b) (6) of the Federal Rules of Civil Procedure provides that this Court must dismiss a plaintiff's complaint for failure *1281 to state a claim if it appears beyond a doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. Thereafter, Defendant/Counter-Plaintiff Eugene Buzzeo filed a responsive memorandum. This cause comes before the Court on Plaintiff/Counter-Defendants' Motion to Dismiss three counterclaims, pursuant to Rule 12(b) (6) of the Fed.R.Civ.P., for failure to state a claim upon which relief can be granted. ORDER GRANTING PLAINTIFF/COUNTER-DEFENDANTS' MOTION TO DISMISS Greer, Klett, Rooney, Lieber & Schorling, Pittsburgh, PA, for counter-claimant. DeLeo, Buchanan Ingersoll, P.C., for Defendant.Īmy J. Varner, III, Holland & Knight, LLP, Tampa, FL, for Plaintiff. Irrevocable Trust u/t/d 10/6/97, and as Trustee of the Ashley Marie Musolino Irrevocable Trust u/t/d 10/6/97, and Frank Musolino, Counter-Defendants. Geoffrey Todd Hodges, as Trustee of the Frank Musolino, Jr.

Irrevocable Trust u/t/d 10/6/97, and as Trustee of the Ashley Marie Musolino Irrevocable Trust u/t/d 10/6/97, Plaintiff, Geoffrey Todd HODGES, as Trustee of the Frank Musolino, Jr.

Motion to dismiss breach of contract florida