· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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