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· 5/28/2004

Fariello v. Gavin

Citations

  • 873 So. 2d 1243
  • 2004 WL 1175240

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that immunity is “a fact intensive issue” that may be raised in a motion to dismiss only in “exceptional cases in which the facts giving application to the defense are clearly apparent on the face of the complaint.”
  • reversing dismissal where facts demonstrating absolute immunity were not evident from the face of the complaint
  • stating that an affirmative defense may \be considered after the facts are fleshed out by summary judgment or trial\ and should not be raised in a motion to dismiss unless \the facts giving application to the defense are clearly apparent on the face of the complaint\

Source: CourtListener parenthetical corpus (CC0).

Judges: Monaco

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.