§Why CasetextPricing

Winn-Dixie Stores, Inc. et al v. Dolgencorp, LLC

RESPONSE in Opposition to Third-Party Defendant Avon Square Ltd's Motion to Dismiss Second Amended Third-Party Complaint

13 Cited authorities

  1. American Dental Assoc. v. Cigna Corp.

    605 F.3d 1283 (11th Cir. 2010)   Cited 1,620 times
    Holding that the district court properly dismissed plaintiffs' § 1962(c) claims because plaintiffs had not sufficiently pled the acts of mail and wire fraud alleged to form a pattern of racketeering activity

  2. Jackson v. Okaloosa County

    21 F.3d 1531 (11th Cir. 1994)   Cited 642 times   2 Legal Analyses
    Holding plaintiffs’ allegations that public housing was concentrated in Black neighborhoods stated a claim of intentional discrimination

  3. Duke v. Cleland

    5 F.3d 1399 (11th Cir. 1993)   Cited 375 times
    In Duke v. Cleland, 5 F.3d 1399 (11th Cir. 1993) (" Duke II"), this Court examined a similar presidential primary ballot access statute in Georgia.

  4. HTP, Ltd. v. Lineas Aereas Costarricenses, S.A.

    685 So. 2d 1238 (Fla. 1997)   Cited 296 times   1 Legal Analyses
    Holding that a fraudulent inducement is a separate and independent tort when compared to a breach of contract

  5. Moransais v. Heathman

    744 So. 2d 973 (Fla. 1999)   Cited 167 times   2 Legal Analyses
    Holding that plaintiff could maintain a negligence action against engineers, in the absence of privity, because the engineers were "responsible for performing professional services to a client of their company whom they reasonably knew or should have known would be injured if they were negligent in the performance of those services"

  6. PK Ventures, Inc. v. James Associates, Inc.

    690 So. 2d 1296 (Fla. 1997)   Cited 36 times
    Holding that "fraud in the inducement is an independent tort not barred by the economic loss rule"

  7. Mims Crane Service, Inc. v. Insley Manufacturing Corp.

    226 So. 2d 836 (Fla. Dist. Ct. App. 1969)   Cited 57 times

    No. 68-627. October 3, 1969. Appeal from the Circuit Court, Polk County, William K. Love, J. Bernard J. Zimmerman of Akerman, Senterfitt, Eidson, Mesmer, Robbinson Wharton, Orlando, for appellant. Charlie Luckie, Jr., and Charles W. Pittman of Macfarlane, Ferguson, Allison Kelly, Tampa, for appellee. PIERCE, Judge. This is an appeal from a final judgment in favor of appellee Insley Manufacturing Corp., third party defendant in the Court below, and against appellant Mims Crane Service, Inc., third

  8. Donnelly v. Circuit City Stores, Inc.

    Case No. 5:06-cv-387-Oc-10GRJ (M.D. Fla. Mar. 22, 2007)   Cited 8 times

    Case No. 5:06-cv-387-Oc-10GRJ. March 22, 2007 ORDER WILLIAM HODGES, Senior District Judge This case is before the Court for consideration of Defendant Circuit City Stores, Inc.'s ("Circuit City") Rule 12(b)(6) Motion to Dismiss (Doc. 9), to which the Plaintiffs have responded (Doc. 14). The motion is ripe for review and the Court concludes that it is due to be denied. Background and Facts The facts, as set forth in the Plaintiff's Class Action Complaint (Doc. 1), are as follows. The named plaintiffs

  9. Raven v. Lincoln Nat'l Life Ins. Co.

    CASE NO.: 07-23137-CIV-HUCK/BANDSTRA (S.D. Fla. Nov. 15, 2011)   Cited 1 times

    CASE NO.: 07-23137-CIV-HUCK/BANDSTRA 11-15-2011 LENORE S. RAVEN, as surviving wife and beneficiary of Alan Raven, deceased. Plaintiff, v. THE LINCOLN NATIONAL LIFE INSURANCE COMPANY, an Indiana Corporation, Defendant. Paul C. Huck ORDER DENYING DEFENDANT'S MOTION TO DISMISS This matter is before the Court on Defendant Lincoln National Life Insurance Company's Motion to Dismiss the Third Amended Complaint of Plaintiff Lenore Raven for failure to state a claim for which relief can be granted under

  10. Monco of Orlando, Inc. v. ITT Industrial Credit Corp.

    458 So. 2d 332 (Fla. Dist. Ct. App. 1984)   Cited 11 times
    Finding that the trial court erred in requiring election of remedies prior to trial

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 357,835 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 14 - Third-Party Practice

    Fed. R. Civ. P. 14   Cited 3,700 times   10 Legal Analyses
    Striking improper third-party claim is appropriate remedy